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A TOWN OF AJAX _ Towno! rC/jJg.. , 65 Harwood Avenue South Ajax ON llS 2H9 www.ajax.ca Bernard Beckhoff International Joint Commission Public Affairs Adviser 234 Laurier Avenue West, 22 nd Floor Ottawa, ON K1P 6K6 April 11, 2012 Re: International Joint Commission Reports and Recommendations to Protect and Improve Great Lakes Water Quality . Please be advised that the following resolution was passed by the General Government Committee at its meeting held April 5, 2012 and endorsed by Ajax Town Council at its Meeting held April 1 0, 2012: 1. That the Town of Ajax supports the recommendations contained in the International Joint Commiss io n's Draft Grea t Lakes Assessment Report and recent Biennial Reports and their implementation through the revised Canada-U.S. Great Lakes Water Quality Agreement, the renewed Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem and the Ontario Great Lakes Protection Act now under development; and, 2. That this staff report be endorsed and sent to the International Joint Commission, Environment Canada, the Federal and Provincial Min isters of the Environment, the Great Lakes and St. Lawrence Cities Initiative, Conservation Ontario, the Toronto and Region Conservation Authority, the Central Lake Ontario Conservation Authority, York and Durham Regions and area municipalities in Durham Region. A copy of the staff report that prompted this action has been enclosed. If you require any additional information please do not hesitate to contact Barb Hodgins, Senior Policy Planner, at 905-619-2529 ext 3247 or barb.hodgins@ajax.ca Sincerely ;;/Vd///;/ Nicole Wellsbury Manager of Legislative Services/Deputy Clerk Ontario's First 150 9001 Quality Community
Transcript

A TOWN OF AJAX _ Towno

rCjJg 65 Harwood Avenue South Ajax ON llS 2H9

wwwajaxca

Bernard Beckhoff International Joint Commission Public Affairs Adviser 234 Laurier Avenue West 22nd Floor Ottawa ON K1P 6K6

April 11 2012

Re International Joint Commission Reports and Recommendations to Protect and Improve Great Lakes Water Quality

Please be advised that the following resolution was passed by the General Government Committee at its meeting held April 5 2012 and endorsed by Ajax Town Council at its Meeting held April 1 0 2012

1 That the Town of Ajax supports the recommendations contained in the International Joint Commissions Draft Great Lakes Assessment Report and recent Biennial Reports and their implementation through the revised Canada-US Great Lakes Water Quality Agreement the renewed Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem and the Ontario Great Lakes Protection Act now under development and

2 That this staff report be endorsed and sent to the International Joint Commission Environment Canada the Federal and Provincial Ministers of the Environment the Great Lakes and St Lawrence Cities Initiative Conservation Ontario the Toronto and Region Conservation Authority the Central Lake Ontario Conservation Authority York and Durham Regions and area municipalities in Durham Region

A copy of the staff report that prompted this action has been enclosed If you require any additional information please do not hesitate to contact Barb Hodgins Senior Policy Planner at 905-619-2529 ext 3247 or barbhodginsajaxca

Sincerely

Vd Nicole Wellsbury Manager of Legislative ServicesDeputy Clerk

Ontarios First 150 9001 Quality Community

Copy B Hodgins Senior Policy Planner P Allore Director of Planning amp Development Services Environment Canada Federal Minister of the Environment Ontario Minister of the Environment Great Lakes amp St Lawrence Initiative Conservation Ontario Toronto and Region Conservation Authority Central Lake Ontario Conservation Authority B Fisch Regional Chair York Region R Anderson Region Chair Durham Region P Madill Clerk Region of Durham All Municipalities in the Region of Durham

I bull Towno

6118XQBY~Lake

TOWN OF AJAX REPORT

REPORT TO General Government Committee

SUBMITTED BY Paul Allore MCIP RPP Director of Planning and Development Services

PREPARED BY Barbara Hodgins MCIP RPP Senior Policy Planner

SUBJECT International Joint Commission Reports and Recommendations to Protect and Improve Great-Lakes Water Quality

WARD(S) All

DATE OF MEETING April 5 2012

REFERENCES Reports to General Government Committee - July 5 2007 and May 7 2009 Community Action Plan Leader in Environmental Sustainability Strategic Development and Economic Prosperity

RECOMMENDATIONS

1 That the Town of Ajax supports the recommendations contained in the International Joint Commissions Draft Great Lakes Assessment Report and recent Biennial Reports and their implementation through the revised Canada-US Great Lakes Water Quality Agreement the renewed Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem and the Ontario Great Lakes Protection Act now under development and

2 That this staff report be endorsed and sent to the International Joint Commission Environment Canada the Federal and Provincial Ministers of the Environment the Great Lakes and St Lawrence Cities Initiative Conservation Ontario the Toronto and Region Conservation Authority the Central Lake Ontario Conservation Authority York and Durham Regions and area municipalities in Durham Region

BACKGROUND

The purpose of this staff report is to support the International Joint Commissions recommendations and their implementation through the revised Canada-US Great Lakes Water Quality Agreement the renewed Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem and the Ontario Great Lakes Protection Act now under development

Subject International Joint Commission Reports and Recommendations to Protect and Pagel2 Improve Great Lakes Water Quality

Recent International Joint Commission (IJC) reports and recommendations respecting Great Lakes water have expressed concerns about nearshore water quality and shoreline conditions that reflect concerns also identified by the Town The IJC has made recommendations in several recent reports to the Canadian and US Governments promoting the update of agreements and policies pertaining to Great Lakes water quality especially the need for faster effective actions to resolve recurring and emerging issues - supported by sustained funding

Federal obligations regarding the Great Lakes were originally established under the Boundary Waters Treaty Act of 1909 Under the Treaty the IJC became the binational agency to which matters of interest would be referred by the Federal governments for further study and recommendations

The binational Great Lakes Water Quality Agreement (GLWQA) signed in 1972 expanded the Federal Governments commitments to restoring and maintaining the chemical physical and biological integrity of the Great Lakes Basin Ecosystem As a result the Federal governments are reSPOnsible for reporting on progress using indicators (measurable features of environmental conditions that represent something important to environmental management objectives) In turn the IJC is responsible for performing an independent binational assessment of the progress or the need for revisions to the GLWQA to address changing conditions andor emerging concerns identified in Biennial Reports (issued every two years)

The GLWQA was last updated in 1987 some 25 years ago Since 2004 it has been subject to a review An updated GLWQA is expected to be signed by the Canadian and US Governments in 2012

DISCUSSION

Since 2006 the IJC has published several Biennial Reports with recommendations for the Canadian and US Governments The Reports explained the need to better understand and protect freshwaters through the revised GLWQA as summarized below

1) In December 2006 thelJCs Biennial Report advised the Federal governments that the future of the Great Lakes is uncertain The following observations were made about the existing GLWQA

bull its objectives are indefinite outdated and often are not met within specified timelines

bull it has few limits thresholds and schedules for action and is based on reporting requirements rather than performance requirements

bull it does not assign specific roles to particular Federal departments specify roles for municipal governments or commit to making best efforts to achieve objectives

bull it does not effectively confront persistent inputs of toxic substances from contaminated sediment air and other sources such as continuing polluted runoff from urban areas and agricultural land and inadequate capability of sewage treatment plants to treat sewage in a manner that improves water quality

Subject International Joint Commission Reports and Recommendations to Protect and Pagel3 Improve Great Lakes Water Quality

bull it does not address significant persistent challenges or new emerging challenges (examples more beach closures and very few Areas of Concern (toxic hot spots) had been remediated)

bull cleaning up the Great Lakes is more complicated due to increasing invasive species and emerging issues such as new chemicals and personal care products urban growth and climate change

bull insufficient funding remains a core issue due to significant gaps between funds required and those appropriated to clean up contaminated sediment and improve sewage treatment systems and

bull lack of meaningful more substantive reports providing information useful to decisionshymakers and absence of a credible independent review procedure to assess progress toward achieving the GLWQAs objectives and commitments

IJC Recommendation Bold binational commitments and accelerated actions are needed to restore and protect the Great Lakes

2) In August 2009 the IJCs Biennial Report reviewed programs to abate control and prevent pollution from municipal sources and determined that

bull While all levels of government are taking the right actions and conditions have improved over the years it is still difficult to assess overall impact and effectiveness of various pollution abatement control and prevention programs The quality of discharges at some sewage treatment facilities confirmed that considerable work is needed before receiving water quality is suitably protected

bull There are substantial adverse economic impacts associated with polluted discharges of wastewater increased costs of treating drinking water decreased property value lost productivity due to illness increased health care costs and lost revenue from recreation and tourism While wastewater treatment plants reduce levels of many contaminants through the use of physical biological and advanced treatment technologies treated effluent can contain harmful levels of microorganisms such as viruses parasites and potentially harmful substances (examples mercury PCBs toxic chemicals and disinfection byproducts of water treatment) and

bull In Canada health problems related to water pollution are generally estimated to cost $300 million dollars per year1 The US Environmental Protection Agency estimated a loss of income from beach closings from $1-$2 billion per year and economic losses due to illness from sewage releases of $28 billion per year A summary of contaminant releases into middot water reported by municipal wastewater faci lities in Ontario in 2006 showed more than 50 million kilograms of contaminants are released

I 14th Biennial Report on Great Lakes Water Quality prepared by the International Joint Commission August 2009 Link to IJC Website httpwwwijcorgohppublicationsodfllD1631pdf

2 Health and the Environment - Partners for Life Health Canada 1997 as cited in Municipal Wastewater Effluents in Canada at wwwecgccaisoer-reeEnglishSOERlMWWEcfm

Subject International Joint Commission Reports and Recommendations to Protect and Pa g e l 4 Improve Great Lakes Water Quality

IJC Recommendations

a) Ensure economic-stimulus measures address identified wastewater system needs

b) Effectively link watershed management with the permitting process for municipal and industrial dischargers

c) Use of third-party audits to improve compliance with water quality standards or objectives for the Great Lakes and

d) Encourage adoption and implementation of green infrastructure to complement traditional infrastructure investments

3) In January 2011 the IJCs Biennial Report3 focused on the nearshore zone or water near shorelines which are described as the vital link between watersheds tributaries wetlands groundwater and offshore waters of the Great Lakes It noted that most people in the Great Lakes Basin live near the shore and get their drinking water from the nearshore zone however the nearshore zone is experiencing escalating problems such as beach closings nuisance algal growth invasive species and habitat loss The IJC warned that these problems near shorelines if not addressed can spread into offshore waters

The Report states that water quality problems in the nearshore zone are serious in most areas of the Great Lakes and the need to address them is clear The IJCs findings about beaches and recreational water quality eutrophication and chemicals of emerging concern are outlined below

Beaches and Recreational Water Quality Findings

bull Beaches and recreational waters are critical to the economic and environmental health and the quality of life for residents and visitors in the Great Lakes Basin

bull A co-ordinated nearshore zone framework is needed to understand the nature extent and causes of problems at beaches and in recreational waters and the necessary solutions

bull Approximately 822 beaches are monitored in the Great Lakes Basin A 2007 report4

indicated there were 3000 days of beach closings and advisories in 2005 and that a reduction of beach closures by 20 would result in a $130 to $190 million benefit to the Great Lakes Region

bull In 2009 Environment Canada and the US EPA reported based on scientific findings frorn the 2008 State of the Lakes Ecosystem Conference (SOLEC) that the situation in Canada is poor and deteriorating with an average of only 49 of beaches open frorn 1998 to 2007 They confirmed that respiratory and gastrointestinal illnesses as well as

3 151h Biennial Report on Great Lakes Water Quality prepared by the International Joint Commission January 2011 Link to IJC Website httpwwwiicorgrelboardswatershed15biennial report summary web-finalpdf

4 The Brookings Institution 2007 Healthy Waters Strong Economy The Benefits of Restoring the Great Lakes Ecosystem Weblink wwwbrookingsedureportsI20070904gleiecosystem austiriaspx

Subject International Joint Commission Reports and Recommendations to Protect and Page 15 middotImprove Great Lakes Water Quality

ear and skin symptoms can result from exposure to bacteria in contaminated water Human exposure can come from breathing in pathogens from the water surface ingestion and from skin contact Health reports indicate that respiratory diseases have become more common water-related diseases than gastrointestinal illnesses

bull Point sources of contamination including sewage treatment plants contribute to degraded water quality as do non-point sources including agricultural and urban stormwater discharges carrying untreated waste from pets wild birds and waterfowl In the lower Great Lakes the high concentration of urbanization coupled with extensive and aging infrastructure is worsening the situation

bull Climate change is predicted to bring more severe and frequent storms which will potentially increase erosion of shoreline bluffs increase movement of sediment and contaminants in watersheds and impair water quality and

bull The presence of E coli in the nearshore zone may indicate that other pathogens are also present with much greater con~entrations of E coli and parasites in beach sand More efficient and timely testing methods including microbial source tracking need to be developed to better advise the public about recreational water quality at beaches to prevent water-based illnesses

IJC Recommendation Revise the GLWQA to address Beaches and Recreational Water Quality problems by committing to

a) Oeveloping standardized binational criteria monitoring protocols and reporting for issuing and tracking beach postings and reporting waterborne illnesses

b) Conducting research on new analytical techniques such as microbial source tracking to better identify sources of contaminants polluting recreational waters and

c) Oeveloping testing methods to improve the scientific basis for advisory and closure decisions at beaches in consultation with various levels of government and improving early-warning communication to the public about beach advisories and closures

Eutrophication

Eutrophication is excessive aquatic plant growth due to large amounts of nutrients being released into a water body It can adversely impact human health recreation the economy and ecosystems Eutrophication can degrade habitats reduce fish and wildlife populations and cause taste and odour problems in drinking water gastrointestinal illness in swimmers and beach closings - all of which have economic consequences The IJC found that middot

bull There have been very visible signs of resurging eutrophication in all Great Lakes except Lake Superior in recent years including nuisance Cyanobacteria (blue-green algae) blooms rotting piles of green Cladophora algae on shorelines the return of Microcystis harmful algal blooms re-emergence of avian Botulism and more frequent beach postings or closings

bull Causes of the above-noted problems include inadequate municipal sewage treatment increased runoff from increased impervious urban surfaces and agricultural land

Subject International Joint Commission Reports and Recommendations to Protect and Page l S Improve Great Lakes Water Quality

increased loadings of dissolved or soluble reactive phosphorus ecosystem changes from invasive mussels and impacts from climate change including warmer water and more frequent and intense precipitation and stormwater events

bull Both urban and agricultural sources of nutrients and other contaminants must be addressed to improve nearshore water quality

bull Cladophora algae and other algal growth appear to be promoted by loadings of phosphorus discharged from tributaries and other sources including sewage treatment plants The release of Soluble Reactive Phosphorus (SRP) into receiving waters promotes algal growth faster than phosphorus in a particulate form and

bull Phosphorus concentrations may be higher in the nearshore zone and lower in offshore water because zebra mussels change particulate phosphorus into SRP that is recycled in the nearshore and may also be transported into offshore waters

IJC Recommendation Revised the GLWQA to reduce Eutrophication by

a) Developing new or improved models to improve estimates of phosphorus loadings from tributaries and other sources and establishing phosphorus concentration targets for the nearshore zone and offshore waters

b) Requesting that the IJC conduct a binational scientific investigation into the causes of nuisance and harmful algal growth from land use activities in order to identify links between land use algal problems and associated ecosystem changes

c) Implementing a revised GLWQA taking No Regrets management actions using an Adaptive Management Six-Step Approach (refer to Figure 1) to better retain nutrients and sediment on the land No Regrets management actions refers to various ways of reducing use and application of phosphorus promoting more efficient use of nutrients in rural and urban communities and reducing discharges and runoff such as by promoting reduced seWage treatment plant discharges by optimizing plant operations (significant reductions can be attained without significant capital inputs) establishing riparian buffers and retrofitting green infrastructure and

d) Developing maintaining and sharing an inventory of effective No Regrets management techniques and programs to promote evolve and sustain their use

Figure 1 - Six-Step Adaptive Management Cycle

Subject International Joint Commission Reports and Recommendations to Protect and Pagel7 Improve Great Lakes Water Quality

Chemicals of Emerging Concem

The October 2011 IJC Report focused on the need for the US and Canada to approve a revised GLWQA that addresses threats to water quality to prevent or reduce their irnpact on human and ecological health middot Beach closings harmful algal growth contaminated groundwater and alien invasive species are described as threats of greatest concern in the nearshore zone where most people live and get their drinking water and which provide vital habitat for fish and wildlife

The IJC Report explained that the term Chemicals of Emerging Concern refers to peoples emerging awareness of the presence of many unregulated or inadequately regulated chemicals in the environment that may pose health risks to humans and ecosystems The Report indicated that the existing GLWQA does not include policies to deal with Chemicals of Emerging Concern stating

Tens of thousands of industrial substances are currently in use in the United States and Canada Yet relatively few of them have regulations governing their release into the environment and a large percentage has not been thoroughly evaluated for their effects on human health and the environment When toxic substance laws came into effect the vast majority (by volume) of these products were grandfathered into regulated commerce and the burden of demonstrating their risks and demonstrating the need for action fell on government agencies Even when regulatory criteria do exist they were developed based on the best available science at the time and may neglect important considerations for which there were scientific data gaps such as bioconcentration via different pathways and consideration of other toxicity endpoints

Chemicals of Emerging Concern are found in common household and personal care products veterinary middot drugs and human pharmaceuticals flame retardants and phthalates (used to make plastic flexible) It is reported that some chemicals are accumulating in middot sediments fish birds and other aquatic life and gaps in scientific monitoring and knowledge about their bioaccumulation and impacts on health need to be filled

The IJC Report confirms that sewage treatment plants are primary sources releasing Chemicals of Emerging Concern into the nearshore zone and the plants are not designed to remove all of them This has also been confirmed in the findings of recently published research along the Ajax waterfronts Notably the existing GLWQA is silent on this issue

IJC Recommendation Revise the GLWQA to address the substantial threat posed by Chemicals of Emerging Concern - not only to the health of aquatic environments but also to humans - by acting efficiently and effectively to

a) Provide advanced equipment and resources to monitor and evaluate the many Chemicals of Emerging Concern in the environment (eg combine and align existing programs augment existing programs and establish new ones) and produce exposure and effects information

5 Helm PA Howell E Todd et aI Influence of nearshore dynamics on the distribution of organic wastewatershyassociated chemicals in Lake Ontario detenmined using passive samplers Journal of Great Lakes Researchers (2012) doi 101 016f)jglr20120100S

Subject International Joint Commission Reports and Recommendations to Protect and Pagel8 Improve Great Lakes Water Quality

b) Advance the development of wastewater treatment technologies that improve the detection control removal and destruction of Chemicals of Emerging Concern

c) Add principles and processes requiring the Federal governments to prioritize categories of chemicals to address rather than compiling a long list of specific chemicals which would rapidly become outdated and place more emphasis on gaining knowledge and understanding ofhuman health effects ofmajor categories of these chemicals

d) Identify optimal risk management strategies including replacing traditional chemical design production and consumption with green chemistry principles advocating the design of products and processes that minimize the use and generation of hazardous substances supported by market and regulatory tools that will motivate industry to invest in green chemistry and the use design and production ofsafer chemicals and materials

e) Establish a common transparent and easily accessible repository for monitoring data that can be used to assess management options and

f) Provide incentives and educational programs to encourage industry agriculture and consumers to develop and use environmentally-friendly alternative products to reduce the production and consumption ofchemicals ofemerging concern

The Report confirms that the nearshore zone is particularly vulnerable to Chemicals of Emerging Concern that enter water from sewage (examples cosmetics pharmaceuticals and possibly nanomaterials) agricultural runoff (pesticides and veterinary products) landfill leachate and the atmosphere because most loading occurs there especially because sewage treatment plants are not designed to destroy or remove Chemicals of Emerging Concern It concludes that current and emerging threats to human health include substances and problems ranging from algal blooms to materials from consumer products

The IJC also warned the Federal Governments that the revised GLWQA will be critically flawed unless it also makes explicit the goal of protecting human health

Council Resolutions

During the GLWQA review Council sent several resolutions and staff reports to the Federal and Provincial governments identifying concern about deteriorating water quality in nearshore Lake Ontario along the Ajax waterfront and recommending actions aimed at resolving recurring and emerging issues

1) July 9 2007 - Council endorsed the staff report6 on the GLWQA review process supporting a strong Accountability Framework recommended by the IJC and expressing concern about nearshore zone problems along the Ajax Waterfront

bull Lost Swimmability - from visible changes such as frequent beach postings

bull Lost Physical Environmental Integrity Economic Viability and Tourism - from smelly decaying Cladophora algae coating the shoreline during summer months

Town of Ajax Staff Report to General Government Committee entitled Review of the Great Lakes Water Quality Agreement-Update Report dated July 52007

Subject International Joint Commission Reports and Recommendations to Protect and Paget9 Improve Great Lakes Water Quality

bull Lost Value - the above undermining many years of investment by the Town in the Ajax Waterfront and

bull Less Obvious Less Visible Threats - accruing from doubling of the capacity of York and Durham Regions Duffin Creek Water Pollution Control Plant making it the second largest sewage treatment plant in Canada to allow the discharge of 630 million litres of treated effluent daily only 1 km offshore and just 35 km from the intake pipe at Durham Regions Ajax Water Supply Plant

Council Recommendations to the Canadian Government Revise the GLWQA to

1 Include a strong Accountability Framework and provide sustained long-term Capital and Program Funding support

2 Taking a Precautionary Approach to protecting Great Lakes waters from the environmental effects of growth and development in Ontario the only Province affecting the Great Lakes by imposing strict Federal requirements including greater focus on

i) Addressing drinking water quality threats posed by sewage treatment plants by requiring more rigorous assessment processes imposing higher (more protective) environmental standards and using the best possible treatment technologies for both municipal sewage treatment plants (including tertiary ireatment) and water supply plants

ii) Preventing any further increases in the inter-basin transfer of wastewaters as a key step in protecting water quality

iii) Ensuring the list of emerging contaminants is constantly updated and high environmental standards are imposed to curtail their release and

ivY Assessing and mitigating the cumulative impacts of human activity on water quality and the aquatic environment to protect water quality and biodiversity

2) May 11 2009 - Council endorsed a staff report7 with comments on the Provinces Healthy Great Lakes Strong Ontario Discussion Paper as input to a possible Ontario Great Lakes Protection Act The Discussion Paper warned that conditions in the Great Lakes are reaching a tipping point of ill health and reminded that our quality of life depends on restoring the quality and quantity of these at risk freshwaters

Council Recommendations to the Provincial Government

1) Provide the Town with sufficient funding to continue to monitor water quality in Ajaxs storm water system to determine priority areas for storm water retrofit facilities and measures to reduce impacts on the quality ofnearshore water

2) Adopt an Accountability Framework similar to that recommended in the JCs 1jh Biennial Report to ensure effective implementation ofProvincial commitments

7 Town of Ajax Staff Report to General Govemment Committee entitled Comments on Provinces Healthy Great Lakes Strong Ontario dated May 7 2009

Subject International Joint Commission Reports and Recommendations to Protect and P age 110 Improve Great Lakes Water Quality

3) Strongly encourage the Federal Government during negotiations on Federal and Binational Great Lakes-related Treaties and Agreements including the GLWQA to establish sustained reliable sources of funding complemented by scientific research findings to ensure effective actions are taken to improve Great Lakes water quality

4) Lead development of betier more advanced scientific indicators of the health of the Great Lakes support research development and commercialization of new analytical techniques to evaluate water quality and make them readily available at affordable prices at laboratories across Ontario

5) In light of changing climatic conditions in Southern Ontario consult with Conservation Ontario about whether current regulatory flood and erosion standards need to be changed to facilitate better protection of municipal infrastructure property and the natural environment

6) Add stronger more protective water policy language to the Provincial Policy Statement and

7) Increase public education about the Great Lakes and how human activities are affecting these finite freshwaters such as through promotion of greater collaboration with other levels of government and agencies including conservation authorities supported by sufficient sustained funding

Draft Great Lakes Assessment Report by IJC

In November 2011 the IJC also released a Draft Great Lakes Assessment Report for public comment by December 31 2011 The Report was initiated because in recent years the IJC has not been able to comprehensively report on progress as the data needed to develop these reports has not been forwarded by the Federal governments In the absence of regular status reports and as the Canadian and US governments were planning to revise and sign a revised GLWQA in 2012 the IJC chose to try to assess progress made since 1987 (the last time the Agreementwas renewed)

The IJCs Draft Great Lakes Assessment Report focuses in part on how environmental science monitoring and regular reporting of findings are needed to help support sound environmental decision-making When finalized the Report is intended to be a tool to help the public better understand the resources of the Great Lakes Basin and appreciate why it is important to protect this fragile Ecosystem and how individuals and communities can help

Present Water Quality Indicators

To measure changes in the Great Lakes Basin Ecosystem the IJC examined current indicators of water quality in the GLWQA from information provided by government agencies and academic researchers

bull Indicators of Biological Integrity (phosphorus loading contaminants in herring gull eggs whole fish mussels and sediments fish consumption atmospheric deposition)

bull Indicators of Chemical Integrity (beach closingsadvisories aquatic invasive species Burrowing Mayfly density shrimp-like Diporeia populations on lake bottoms and abundance of Lake Sturgeon and Lake Trout) and

Subject International Joint Commission Reports and Recommendations to Protect and P age 111 Improve Great Lakes Water Quality

bull Indicator of Physical Integrity (surface water temperature) The Draft Report identified some progress for example levels of older chemicals had decreased in herring gulls fish and sediments especially from 1987 to 2000 but the trend since 2000 is unknown

Trends Key Findings and Recommendations

Overall trends drawn from available monitoring data and research were mixed The key findings and recommendations are

bull Beach closings due to elevated bacteria levels have remained fairly stable over a 10shyyear reporting period (approx 1998-2007) - roughly 40 of Ontario beaches and 10 of US beaches were closed 10 of the swimming season disease outbreaks related to swimming at beaches are likely under-reported

IJC Recommendation Further refine recreational water quality testing methods require better controls on major pollution sources contributing to beach closings and collect data and establish a centralized swimming-related Outbreak Registry

bull Surface water temperatures are warming - by an annual average increase of about 05degC from 1979 to 2006 undesirable as this promotes algal growth that poses risks to human health and the ecosystem

bull Phosphorus loadings contribute to excessive algal growth in nearshore waters shyincreased loadings of Soluble Reactive Phosphorus (SRP the form of phosphorus that readily helps algae to grow) have been found by monitoring in recent years

IJC Recommendation Improve management controls at sources of Soluble Reactive Phosphorus and continue monitoring of phosphorus loadings

bull Concentrations of Chemicals of Emerging Concern increased considerably from 1987 to 2000 - Concentrations of flame retardants (toxic chemicals known as PBDEs applied to products to make them less flammable) in fish doubled every few years from 1980 to 2000 and have started to stabilize or decline slightly possibly due to voluntary reduction in use

bull Herring gulls - waterbirds that reside year-round in the Great Lakes and eat f ish in contaminated habitat accumulate toxins and experience abnormalities so inputs of chemical concentrations need to be reduced and this monitoring program continued

bull Non-native aquatic species introduced into the Great Lakes have caused dramatic economic and ecological impacts

bull Lake Trout populations almost disappeared from Lake Ontario and most Great Lakes due to overfishing and sea lamprey and remain listed as threatened or endangered species as their populations have not changed measurably and

bull Diporeia - a small shrimp-like crustacean forming the lower end of the aquatic food web that is a food source for many fish but its population has almost disappeared since the zebra and quagga mussel invaSion affecting the distribution abundance growth and condition of fish species including commercially important species

Subject International Joint Commission Reports and Recommendations to Protect and Pa ge 112 Improve Great Lakes Water Quality

Further IJC Recommendations

1) Make programs that monitor measure and report on a meaningful set of core Indicators a priority in ecosystem management and continue during times of budget austerity

2) Support monitoring and assessment efforts along with sound science as the basis for making wiser management decisions and best using limited resources for restoration and protection ofGreat Lakes water quality and

3) Commit to improved monitoring measurements and reporting of both existing and emerging problems

Additionally the IJCs Draft Report emphasizes the need for the Canadian and US Governments to middot

bull renew their focus on reducing nutrient loads into the nearshore zone

bull provide reliable long-term funding for nutrient control programs

bull reinstate monitoring programs and provide regular reports on scientific findings and

bull better understand links between land sources the nearshore zone and offshore waters

Binational Webinar

On March 5 2012 staff joined in a binational public webinar to learn more about possible revisions to the GLWQA from representatives of Environment Canada and the US Environmental Proiection Agency

At the outset of the webinar the benefits of a revised GLWQA were described as being that the Federal governments have heard through public consultation conducted since 2004 the need to make revisions that reflect broader challenges and future impacts facing Great Lakes waters by taking steps to

bull More closely align binational programs bull Place greater emphasis on preventing damage in addition to responding to damage bull Preserve portions of the existing Agreement while undertaking significant streamlining

and bull Clarifying the roles for Provinces States First Nations Metis Tribes and the public

In the webinar presentation it was not specifically stated that revisions will be made to the GLWQA to formalize and clarify the roles of municipalities It was explained that Canadian and US negotiators are considering revising the GLWQA to take the following steps

bull Nutrients Continuing domestic regulatory programs pursuing science on nutrients including the role of Soluble Reactive Phosphorus and the effect of zebra mussels developing binational models for middot nutrient target-setting and continuing research surveillance and monitoring

Subject International Joint Commission Reports and Recommendations to Protect and P age 113 Improve Great Lakes Water Quality

bull Chemicals of Mutual Concern Continuing domestic regulatory programs promoting pollution prevention and binational information exchange and continuing research surveillance and monitoring

bull Habitat and Species Add ing direction to address habitat and species and ecosystem functions as endpoints for water quality management

bull Climate Change Impacts Adding commitments to co-ordinate scientific understanding and capacity building for non-federal partners regarding impacts on the Great Lakes

bull Aquatic Invasive Species Protecting Great Lakes water quality from aquatic invasive species including co-ordination of assessments and rapid response efforts and

bull Opportunities for Enhanced Engagement Expanding the binational Management Table publishing regular progress reports strengthening commitment to consult and co-ordinate and creating a Great Lakes Public Forum

Webinar partiCipants were advised that the proposed Revised GLWQA will undergo a legal review and then be approved by the Canadian and US Governments A Revised GLWQA is expected to be signed in Spring 2012 and subsequent made available to municipalities and the public

Official Plan Policies

In the Ajax Official Plan the Towns dependence on a healthy Great Lakes ecosystem and the water in Lake Ontario to maintain the high quality of life enjoyed in this community is recognized Through recently approved Official Plan Amendment No 38 the Official Plan acknowledges Lake Ontario as the Towns primary source of drinking water and as such states that the Town shall

a) Encourage and support timely effective actions by senior governments the IJC and others to improve and restore the quality of Lake Ontario and other Great Lakes Actions may be undertaken pursuant to treaties and legislation such as the GLWQA as well as new policies legislation and programs to address recurring and emerging concerns such as nutrients invasive species chemical contaminants including pharmaceuticals and personal care products and algal growth 0

~

b) Play an important role in advocating for and implementing water policies and programs based on knowledge of the dynamics of Lake Ontario changing ecological conditions at the landwater interface surface and groundwater regimesand local contaminant sources and

c) Curb contaminant emissions at sources within and near the municipality

In staffs view stronger Federal and Provincial Great Lakes water policy language and more coshyordinated and effective actions supported by reliable sustained financial support from senior governments is needed to support the Towns ongoing water quality studies and actions

FINANCIAL IMPLICATIONS

NA

Subject International Joint Commission Reports and Recommendations to Protect and P a ge 114 Improve Great Lakes Water Quality

COMMUNICATION ISSUES

NA

CONCLUSIONS

The IJCs recent reports describe water quality issues and concerns based on scientific findings being experienced in the nearshore zone along the Towns Waterfront Many of the IJCs recommendations reaffirm those identified in Counci l recommendations to the Federal and Provincial Governments

It is imperative that stronger safeguards and a strong accountability framework with regular reporting to municipalities and the public be key components of the revised Canada-US Great Lakes Water Quality Agreement in order to monitor the progress made toward achieving the shared binational goal of protecting and improving these finite diminishing freshwaters

Similar provisions need to be incorporated into the renewed Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem as well as the Ontario Great Lakes Protection Act now under development in a manner that ensures all governments work co-operatively and effectively to make measurable progress combating 21 sl Century threats to water quality

Therefore it is recommended that this staff report be endorsed

arbara Hodgms MCIP Senior Policy Planner

(~~~Paul A llore MCIP RPP Director of Planning and Development Services

Copy B Hodgins Senior Policy Planner P Allore Director of Planning amp Development Services Environment Canada Federal Minister of the Environment Ontario Minister of the Environment Great Lakes amp St Lawrence Initiative Conservation Ontario Toronto and Region Conservation Authority Central Lake Ontario Conservation Authority B Fisch Regional Chair York Region R Anderson Region Chair Durham Region P Madill Clerk Region of Durham All Municipalities in the Region of Durham

I bull Towno

6118XQBY~Lake

TOWN OF AJAX REPORT

REPORT TO General Government Committee

SUBMITTED BY Paul Allore MCIP RPP Director of Planning and Development Services

PREPARED BY Barbara Hodgins MCIP RPP Senior Policy Planner

SUBJECT International Joint Commission Reports and Recommendations to Protect and Improve Great-Lakes Water Quality

WARD(S) All

DATE OF MEETING April 5 2012

REFERENCES Reports to General Government Committee - July 5 2007 and May 7 2009 Community Action Plan Leader in Environmental Sustainability Strategic Development and Economic Prosperity

RECOMMENDATIONS

1 That the Town of Ajax supports the recommendations contained in the International Joint Commissions Draft Great Lakes Assessment Report and recent Biennial Reports and their implementation through the revised Canada-US Great Lakes Water Quality Agreement the renewed Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem and the Ontario Great Lakes Protection Act now under development and

2 That this staff report be endorsed and sent to the International Joint Commission Environment Canada the Federal and Provincial Ministers of the Environment the Great Lakes and St Lawrence Cities Initiative Conservation Ontario the Toronto and Region Conservation Authority the Central Lake Ontario Conservation Authority York and Durham Regions and area municipalities in Durham Region

BACKGROUND

The purpose of this staff report is to support the International Joint Commissions recommendations and their implementation through the revised Canada-US Great Lakes Water Quality Agreement the renewed Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem and the Ontario Great Lakes Protection Act now under development

Subject International Joint Commission Reports and Recommendations to Protect and Pagel2 Improve Great Lakes Water Quality

Recent International Joint Commission (IJC) reports and recommendations respecting Great Lakes water have expressed concerns about nearshore water quality and shoreline conditions that reflect concerns also identified by the Town The IJC has made recommendations in several recent reports to the Canadian and US Governments promoting the update of agreements and policies pertaining to Great Lakes water quality especially the need for faster effective actions to resolve recurring and emerging issues - supported by sustained funding

Federal obligations regarding the Great Lakes were originally established under the Boundary Waters Treaty Act of 1909 Under the Treaty the IJC became the binational agency to which matters of interest would be referred by the Federal governments for further study and recommendations

The binational Great Lakes Water Quality Agreement (GLWQA) signed in 1972 expanded the Federal Governments commitments to restoring and maintaining the chemical physical and biological integrity of the Great Lakes Basin Ecosystem As a result the Federal governments are reSPOnsible for reporting on progress using indicators (measurable features of environmental conditions that represent something important to environmental management objectives) In turn the IJC is responsible for performing an independent binational assessment of the progress or the need for revisions to the GLWQA to address changing conditions andor emerging concerns identified in Biennial Reports (issued every two years)

The GLWQA was last updated in 1987 some 25 years ago Since 2004 it has been subject to a review An updated GLWQA is expected to be signed by the Canadian and US Governments in 2012

DISCUSSION

Since 2006 the IJC has published several Biennial Reports with recommendations for the Canadian and US Governments The Reports explained the need to better understand and protect freshwaters through the revised GLWQA as summarized below

1) In December 2006 thelJCs Biennial Report advised the Federal governments that the future of the Great Lakes is uncertain The following observations were made about the existing GLWQA

bull its objectives are indefinite outdated and often are not met within specified timelines

bull it has few limits thresholds and schedules for action and is based on reporting requirements rather than performance requirements

bull it does not assign specific roles to particular Federal departments specify roles for municipal governments or commit to making best efforts to achieve objectives

bull it does not effectively confront persistent inputs of toxic substances from contaminated sediment air and other sources such as continuing polluted runoff from urban areas and agricultural land and inadequate capability of sewage treatment plants to treat sewage in a manner that improves water quality

Subject International Joint Commission Reports and Recommendations to Protect and Pagel3 Improve Great Lakes Water Quality

bull it does not address significant persistent challenges or new emerging challenges (examples more beach closures and very few Areas of Concern (toxic hot spots) had been remediated)

bull cleaning up the Great Lakes is more complicated due to increasing invasive species and emerging issues such as new chemicals and personal care products urban growth and climate change

bull insufficient funding remains a core issue due to significant gaps between funds required and those appropriated to clean up contaminated sediment and improve sewage treatment systems and

bull lack of meaningful more substantive reports providing information useful to decisionshymakers and absence of a credible independent review procedure to assess progress toward achieving the GLWQAs objectives and commitments

IJC Recommendation Bold binational commitments and accelerated actions are needed to restore and protect the Great Lakes

2) In August 2009 the IJCs Biennial Report reviewed programs to abate control and prevent pollution from municipal sources and determined that

bull While all levels of government are taking the right actions and conditions have improved over the years it is still difficult to assess overall impact and effectiveness of various pollution abatement control and prevention programs The quality of discharges at some sewage treatment facilities confirmed that considerable work is needed before receiving water quality is suitably protected

bull There are substantial adverse economic impacts associated with polluted discharges of wastewater increased costs of treating drinking water decreased property value lost productivity due to illness increased health care costs and lost revenue from recreation and tourism While wastewater treatment plants reduce levels of many contaminants through the use of physical biological and advanced treatment technologies treated effluent can contain harmful levels of microorganisms such as viruses parasites and potentially harmful substances (examples mercury PCBs toxic chemicals and disinfection byproducts of water treatment) and

bull In Canada health problems related to water pollution are generally estimated to cost $300 million dollars per year1 The US Environmental Protection Agency estimated a loss of income from beach closings from $1-$2 billion per year and economic losses due to illness from sewage releases of $28 billion per year A summary of contaminant releases into middot water reported by municipal wastewater faci lities in Ontario in 2006 showed more than 50 million kilograms of contaminants are released

I 14th Biennial Report on Great Lakes Water Quality prepared by the International Joint Commission August 2009 Link to IJC Website httpwwwijcorgohppublicationsodfllD1631pdf

2 Health and the Environment - Partners for Life Health Canada 1997 as cited in Municipal Wastewater Effluents in Canada at wwwecgccaisoer-reeEnglishSOERlMWWEcfm

Subject International Joint Commission Reports and Recommendations to Protect and Pa g e l 4 Improve Great Lakes Water Quality

IJC Recommendations

a) Ensure economic-stimulus measures address identified wastewater system needs

b) Effectively link watershed management with the permitting process for municipal and industrial dischargers

c) Use of third-party audits to improve compliance with water quality standards or objectives for the Great Lakes and

d) Encourage adoption and implementation of green infrastructure to complement traditional infrastructure investments

3) In January 2011 the IJCs Biennial Report3 focused on the nearshore zone or water near shorelines which are described as the vital link between watersheds tributaries wetlands groundwater and offshore waters of the Great Lakes It noted that most people in the Great Lakes Basin live near the shore and get their drinking water from the nearshore zone however the nearshore zone is experiencing escalating problems such as beach closings nuisance algal growth invasive species and habitat loss The IJC warned that these problems near shorelines if not addressed can spread into offshore waters

The Report states that water quality problems in the nearshore zone are serious in most areas of the Great Lakes and the need to address them is clear The IJCs findings about beaches and recreational water quality eutrophication and chemicals of emerging concern are outlined below

Beaches and Recreational Water Quality Findings

bull Beaches and recreational waters are critical to the economic and environmental health and the quality of life for residents and visitors in the Great Lakes Basin

bull A co-ordinated nearshore zone framework is needed to understand the nature extent and causes of problems at beaches and in recreational waters and the necessary solutions

bull Approximately 822 beaches are monitored in the Great Lakes Basin A 2007 report4

indicated there were 3000 days of beach closings and advisories in 2005 and that a reduction of beach closures by 20 would result in a $130 to $190 million benefit to the Great Lakes Region

bull In 2009 Environment Canada and the US EPA reported based on scientific findings frorn the 2008 State of the Lakes Ecosystem Conference (SOLEC) that the situation in Canada is poor and deteriorating with an average of only 49 of beaches open frorn 1998 to 2007 They confirmed that respiratory and gastrointestinal illnesses as well as

3 151h Biennial Report on Great Lakes Water Quality prepared by the International Joint Commission January 2011 Link to IJC Website httpwwwiicorgrelboardswatershed15biennial report summary web-finalpdf

4 The Brookings Institution 2007 Healthy Waters Strong Economy The Benefits of Restoring the Great Lakes Ecosystem Weblink wwwbrookingsedureportsI20070904gleiecosystem austiriaspx

Subject International Joint Commission Reports and Recommendations to Protect and Page 15 middotImprove Great Lakes Water Quality

ear and skin symptoms can result from exposure to bacteria in contaminated water Human exposure can come from breathing in pathogens from the water surface ingestion and from skin contact Health reports indicate that respiratory diseases have become more common water-related diseases than gastrointestinal illnesses

bull Point sources of contamination including sewage treatment plants contribute to degraded water quality as do non-point sources including agricultural and urban stormwater discharges carrying untreated waste from pets wild birds and waterfowl In the lower Great Lakes the high concentration of urbanization coupled with extensive and aging infrastructure is worsening the situation

bull Climate change is predicted to bring more severe and frequent storms which will potentially increase erosion of shoreline bluffs increase movement of sediment and contaminants in watersheds and impair water quality and

bull The presence of E coli in the nearshore zone may indicate that other pathogens are also present with much greater con~entrations of E coli and parasites in beach sand More efficient and timely testing methods including microbial source tracking need to be developed to better advise the public about recreational water quality at beaches to prevent water-based illnesses

IJC Recommendation Revise the GLWQA to address Beaches and Recreational Water Quality problems by committing to

a) Oeveloping standardized binational criteria monitoring protocols and reporting for issuing and tracking beach postings and reporting waterborne illnesses

b) Conducting research on new analytical techniques such as microbial source tracking to better identify sources of contaminants polluting recreational waters and

c) Oeveloping testing methods to improve the scientific basis for advisory and closure decisions at beaches in consultation with various levels of government and improving early-warning communication to the public about beach advisories and closures

Eutrophication

Eutrophication is excessive aquatic plant growth due to large amounts of nutrients being released into a water body It can adversely impact human health recreation the economy and ecosystems Eutrophication can degrade habitats reduce fish and wildlife populations and cause taste and odour problems in drinking water gastrointestinal illness in swimmers and beach closings - all of which have economic consequences The IJC found that middot

bull There have been very visible signs of resurging eutrophication in all Great Lakes except Lake Superior in recent years including nuisance Cyanobacteria (blue-green algae) blooms rotting piles of green Cladophora algae on shorelines the return of Microcystis harmful algal blooms re-emergence of avian Botulism and more frequent beach postings or closings

bull Causes of the above-noted problems include inadequate municipal sewage treatment increased runoff from increased impervious urban surfaces and agricultural land

Subject International Joint Commission Reports and Recommendations to Protect and Page l S Improve Great Lakes Water Quality

increased loadings of dissolved or soluble reactive phosphorus ecosystem changes from invasive mussels and impacts from climate change including warmer water and more frequent and intense precipitation and stormwater events

bull Both urban and agricultural sources of nutrients and other contaminants must be addressed to improve nearshore water quality

bull Cladophora algae and other algal growth appear to be promoted by loadings of phosphorus discharged from tributaries and other sources including sewage treatment plants The release of Soluble Reactive Phosphorus (SRP) into receiving waters promotes algal growth faster than phosphorus in a particulate form and

bull Phosphorus concentrations may be higher in the nearshore zone and lower in offshore water because zebra mussels change particulate phosphorus into SRP that is recycled in the nearshore and may also be transported into offshore waters

IJC Recommendation Revised the GLWQA to reduce Eutrophication by

a) Developing new or improved models to improve estimates of phosphorus loadings from tributaries and other sources and establishing phosphorus concentration targets for the nearshore zone and offshore waters

b) Requesting that the IJC conduct a binational scientific investigation into the causes of nuisance and harmful algal growth from land use activities in order to identify links between land use algal problems and associated ecosystem changes

c) Implementing a revised GLWQA taking No Regrets management actions using an Adaptive Management Six-Step Approach (refer to Figure 1) to better retain nutrients and sediment on the land No Regrets management actions refers to various ways of reducing use and application of phosphorus promoting more efficient use of nutrients in rural and urban communities and reducing discharges and runoff such as by promoting reduced seWage treatment plant discharges by optimizing plant operations (significant reductions can be attained without significant capital inputs) establishing riparian buffers and retrofitting green infrastructure and

d) Developing maintaining and sharing an inventory of effective No Regrets management techniques and programs to promote evolve and sustain their use

Figure 1 - Six-Step Adaptive Management Cycle

Subject International Joint Commission Reports and Recommendations to Protect and Pagel7 Improve Great Lakes Water Quality

Chemicals of Emerging Concem

The October 2011 IJC Report focused on the need for the US and Canada to approve a revised GLWQA that addresses threats to water quality to prevent or reduce their irnpact on human and ecological health middot Beach closings harmful algal growth contaminated groundwater and alien invasive species are described as threats of greatest concern in the nearshore zone where most people live and get their drinking water and which provide vital habitat for fish and wildlife

The IJC Report explained that the term Chemicals of Emerging Concern refers to peoples emerging awareness of the presence of many unregulated or inadequately regulated chemicals in the environment that may pose health risks to humans and ecosystems The Report indicated that the existing GLWQA does not include policies to deal with Chemicals of Emerging Concern stating

Tens of thousands of industrial substances are currently in use in the United States and Canada Yet relatively few of them have regulations governing their release into the environment and a large percentage has not been thoroughly evaluated for their effects on human health and the environment When toxic substance laws came into effect the vast majority (by volume) of these products were grandfathered into regulated commerce and the burden of demonstrating their risks and demonstrating the need for action fell on government agencies Even when regulatory criteria do exist they were developed based on the best available science at the time and may neglect important considerations for which there were scientific data gaps such as bioconcentration via different pathways and consideration of other toxicity endpoints

Chemicals of Emerging Concern are found in common household and personal care products veterinary middot drugs and human pharmaceuticals flame retardants and phthalates (used to make plastic flexible) It is reported that some chemicals are accumulating in middot sediments fish birds and other aquatic life and gaps in scientific monitoring and knowledge about their bioaccumulation and impacts on health need to be filled

The IJC Report confirms that sewage treatment plants are primary sources releasing Chemicals of Emerging Concern into the nearshore zone and the plants are not designed to remove all of them This has also been confirmed in the findings of recently published research along the Ajax waterfronts Notably the existing GLWQA is silent on this issue

IJC Recommendation Revise the GLWQA to address the substantial threat posed by Chemicals of Emerging Concern - not only to the health of aquatic environments but also to humans - by acting efficiently and effectively to

a) Provide advanced equipment and resources to monitor and evaluate the many Chemicals of Emerging Concern in the environment (eg combine and align existing programs augment existing programs and establish new ones) and produce exposure and effects information

5 Helm PA Howell E Todd et aI Influence of nearshore dynamics on the distribution of organic wastewatershyassociated chemicals in Lake Ontario detenmined using passive samplers Journal of Great Lakes Researchers (2012) doi 101 016f)jglr20120100S

Subject International Joint Commission Reports and Recommendations to Protect and Pagel8 Improve Great Lakes Water Quality

b) Advance the development of wastewater treatment technologies that improve the detection control removal and destruction of Chemicals of Emerging Concern

c) Add principles and processes requiring the Federal governments to prioritize categories of chemicals to address rather than compiling a long list of specific chemicals which would rapidly become outdated and place more emphasis on gaining knowledge and understanding ofhuman health effects ofmajor categories of these chemicals

d) Identify optimal risk management strategies including replacing traditional chemical design production and consumption with green chemistry principles advocating the design of products and processes that minimize the use and generation of hazardous substances supported by market and regulatory tools that will motivate industry to invest in green chemistry and the use design and production ofsafer chemicals and materials

e) Establish a common transparent and easily accessible repository for monitoring data that can be used to assess management options and

f) Provide incentives and educational programs to encourage industry agriculture and consumers to develop and use environmentally-friendly alternative products to reduce the production and consumption ofchemicals ofemerging concern

The Report confirms that the nearshore zone is particularly vulnerable to Chemicals of Emerging Concern that enter water from sewage (examples cosmetics pharmaceuticals and possibly nanomaterials) agricultural runoff (pesticides and veterinary products) landfill leachate and the atmosphere because most loading occurs there especially because sewage treatment plants are not designed to destroy or remove Chemicals of Emerging Concern It concludes that current and emerging threats to human health include substances and problems ranging from algal blooms to materials from consumer products

The IJC also warned the Federal Governments that the revised GLWQA will be critically flawed unless it also makes explicit the goal of protecting human health

Council Resolutions

During the GLWQA review Council sent several resolutions and staff reports to the Federal and Provincial governments identifying concern about deteriorating water quality in nearshore Lake Ontario along the Ajax waterfront and recommending actions aimed at resolving recurring and emerging issues

1) July 9 2007 - Council endorsed the staff report6 on the GLWQA review process supporting a strong Accountability Framework recommended by the IJC and expressing concern about nearshore zone problems along the Ajax Waterfront

bull Lost Swimmability - from visible changes such as frequent beach postings

bull Lost Physical Environmental Integrity Economic Viability and Tourism - from smelly decaying Cladophora algae coating the shoreline during summer months

Town of Ajax Staff Report to General Government Committee entitled Review of the Great Lakes Water Quality Agreement-Update Report dated July 52007

Subject International Joint Commission Reports and Recommendations to Protect and Paget9 Improve Great Lakes Water Quality

bull Lost Value - the above undermining many years of investment by the Town in the Ajax Waterfront and

bull Less Obvious Less Visible Threats - accruing from doubling of the capacity of York and Durham Regions Duffin Creek Water Pollution Control Plant making it the second largest sewage treatment plant in Canada to allow the discharge of 630 million litres of treated effluent daily only 1 km offshore and just 35 km from the intake pipe at Durham Regions Ajax Water Supply Plant

Council Recommendations to the Canadian Government Revise the GLWQA to

1 Include a strong Accountability Framework and provide sustained long-term Capital and Program Funding support

2 Taking a Precautionary Approach to protecting Great Lakes waters from the environmental effects of growth and development in Ontario the only Province affecting the Great Lakes by imposing strict Federal requirements including greater focus on

i) Addressing drinking water quality threats posed by sewage treatment plants by requiring more rigorous assessment processes imposing higher (more protective) environmental standards and using the best possible treatment technologies for both municipal sewage treatment plants (including tertiary ireatment) and water supply plants

ii) Preventing any further increases in the inter-basin transfer of wastewaters as a key step in protecting water quality

iii) Ensuring the list of emerging contaminants is constantly updated and high environmental standards are imposed to curtail their release and

ivY Assessing and mitigating the cumulative impacts of human activity on water quality and the aquatic environment to protect water quality and biodiversity

2) May 11 2009 - Council endorsed a staff report7 with comments on the Provinces Healthy Great Lakes Strong Ontario Discussion Paper as input to a possible Ontario Great Lakes Protection Act The Discussion Paper warned that conditions in the Great Lakes are reaching a tipping point of ill health and reminded that our quality of life depends on restoring the quality and quantity of these at risk freshwaters

Council Recommendations to the Provincial Government

1) Provide the Town with sufficient funding to continue to monitor water quality in Ajaxs storm water system to determine priority areas for storm water retrofit facilities and measures to reduce impacts on the quality ofnearshore water

2) Adopt an Accountability Framework similar to that recommended in the JCs 1jh Biennial Report to ensure effective implementation ofProvincial commitments

7 Town of Ajax Staff Report to General Govemment Committee entitled Comments on Provinces Healthy Great Lakes Strong Ontario dated May 7 2009

Subject International Joint Commission Reports and Recommendations to Protect and P age 110 Improve Great Lakes Water Quality

3) Strongly encourage the Federal Government during negotiations on Federal and Binational Great Lakes-related Treaties and Agreements including the GLWQA to establish sustained reliable sources of funding complemented by scientific research findings to ensure effective actions are taken to improve Great Lakes water quality

4) Lead development of betier more advanced scientific indicators of the health of the Great Lakes support research development and commercialization of new analytical techniques to evaluate water quality and make them readily available at affordable prices at laboratories across Ontario

5) In light of changing climatic conditions in Southern Ontario consult with Conservation Ontario about whether current regulatory flood and erosion standards need to be changed to facilitate better protection of municipal infrastructure property and the natural environment

6) Add stronger more protective water policy language to the Provincial Policy Statement and

7) Increase public education about the Great Lakes and how human activities are affecting these finite freshwaters such as through promotion of greater collaboration with other levels of government and agencies including conservation authorities supported by sufficient sustained funding

Draft Great Lakes Assessment Report by IJC

In November 2011 the IJC also released a Draft Great Lakes Assessment Report for public comment by December 31 2011 The Report was initiated because in recent years the IJC has not been able to comprehensively report on progress as the data needed to develop these reports has not been forwarded by the Federal governments In the absence of regular status reports and as the Canadian and US governments were planning to revise and sign a revised GLWQA in 2012 the IJC chose to try to assess progress made since 1987 (the last time the Agreementwas renewed)

The IJCs Draft Great Lakes Assessment Report focuses in part on how environmental science monitoring and regular reporting of findings are needed to help support sound environmental decision-making When finalized the Report is intended to be a tool to help the public better understand the resources of the Great Lakes Basin and appreciate why it is important to protect this fragile Ecosystem and how individuals and communities can help

Present Water Quality Indicators

To measure changes in the Great Lakes Basin Ecosystem the IJC examined current indicators of water quality in the GLWQA from information provided by government agencies and academic researchers

bull Indicators of Biological Integrity (phosphorus loading contaminants in herring gull eggs whole fish mussels and sediments fish consumption atmospheric deposition)

bull Indicators of Chemical Integrity (beach closingsadvisories aquatic invasive species Burrowing Mayfly density shrimp-like Diporeia populations on lake bottoms and abundance of Lake Sturgeon and Lake Trout) and

Subject International Joint Commission Reports and Recommendations to Protect and P age 111 Improve Great Lakes Water Quality

bull Indicator of Physical Integrity (surface water temperature) The Draft Report identified some progress for example levels of older chemicals had decreased in herring gulls fish and sediments especially from 1987 to 2000 but the trend since 2000 is unknown

Trends Key Findings and Recommendations

Overall trends drawn from available monitoring data and research were mixed The key findings and recommendations are

bull Beach closings due to elevated bacteria levels have remained fairly stable over a 10shyyear reporting period (approx 1998-2007) - roughly 40 of Ontario beaches and 10 of US beaches were closed 10 of the swimming season disease outbreaks related to swimming at beaches are likely under-reported

IJC Recommendation Further refine recreational water quality testing methods require better controls on major pollution sources contributing to beach closings and collect data and establish a centralized swimming-related Outbreak Registry

bull Surface water temperatures are warming - by an annual average increase of about 05degC from 1979 to 2006 undesirable as this promotes algal growth that poses risks to human health and the ecosystem

bull Phosphorus loadings contribute to excessive algal growth in nearshore waters shyincreased loadings of Soluble Reactive Phosphorus (SRP the form of phosphorus that readily helps algae to grow) have been found by monitoring in recent years

IJC Recommendation Improve management controls at sources of Soluble Reactive Phosphorus and continue monitoring of phosphorus loadings

bull Concentrations of Chemicals of Emerging Concern increased considerably from 1987 to 2000 - Concentrations of flame retardants (toxic chemicals known as PBDEs applied to products to make them less flammable) in fish doubled every few years from 1980 to 2000 and have started to stabilize or decline slightly possibly due to voluntary reduction in use

bull Herring gulls - waterbirds that reside year-round in the Great Lakes and eat f ish in contaminated habitat accumulate toxins and experience abnormalities so inputs of chemical concentrations need to be reduced and this monitoring program continued

bull Non-native aquatic species introduced into the Great Lakes have caused dramatic economic and ecological impacts

bull Lake Trout populations almost disappeared from Lake Ontario and most Great Lakes due to overfishing and sea lamprey and remain listed as threatened or endangered species as their populations have not changed measurably and

bull Diporeia - a small shrimp-like crustacean forming the lower end of the aquatic food web that is a food source for many fish but its population has almost disappeared since the zebra and quagga mussel invaSion affecting the distribution abundance growth and condition of fish species including commercially important species

Subject International Joint Commission Reports and Recommendations to Protect and Pa ge 112 Improve Great Lakes Water Quality

Further IJC Recommendations

1) Make programs that monitor measure and report on a meaningful set of core Indicators a priority in ecosystem management and continue during times of budget austerity

2) Support monitoring and assessment efforts along with sound science as the basis for making wiser management decisions and best using limited resources for restoration and protection ofGreat Lakes water quality and

3) Commit to improved monitoring measurements and reporting of both existing and emerging problems

Additionally the IJCs Draft Report emphasizes the need for the Canadian and US Governments to middot

bull renew their focus on reducing nutrient loads into the nearshore zone

bull provide reliable long-term funding for nutrient control programs

bull reinstate monitoring programs and provide regular reports on scientific findings and

bull better understand links between land sources the nearshore zone and offshore waters

Binational Webinar

On March 5 2012 staff joined in a binational public webinar to learn more about possible revisions to the GLWQA from representatives of Environment Canada and the US Environmental Proiection Agency

At the outset of the webinar the benefits of a revised GLWQA were described as being that the Federal governments have heard through public consultation conducted since 2004 the need to make revisions that reflect broader challenges and future impacts facing Great Lakes waters by taking steps to

bull More closely align binational programs bull Place greater emphasis on preventing damage in addition to responding to damage bull Preserve portions of the existing Agreement while undertaking significant streamlining

and bull Clarifying the roles for Provinces States First Nations Metis Tribes and the public

In the webinar presentation it was not specifically stated that revisions will be made to the GLWQA to formalize and clarify the roles of municipalities It was explained that Canadian and US negotiators are considering revising the GLWQA to take the following steps

bull Nutrients Continuing domestic regulatory programs pursuing science on nutrients including the role of Soluble Reactive Phosphorus and the effect of zebra mussels developing binational models for middot nutrient target-setting and continuing research surveillance and monitoring

Subject International Joint Commission Reports and Recommendations to Protect and P age 113 Improve Great Lakes Water Quality

bull Chemicals of Mutual Concern Continuing domestic regulatory programs promoting pollution prevention and binational information exchange and continuing research surveillance and monitoring

bull Habitat and Species Add ing direction to address habitat and species and ecosystem functions as endpoints for water quality management

bull Climate Change Impacts Adding commitments to co-ordinate scientific understanding and capacity building for non-federal partners regarding impacts on the Great Lakes

bull Aquatic Invasive Species Protecting Great Lakes water quality from aquatic invasive species including co-ordination of assessments and rapid response efforts and

bull Opportunities for Enhanced Engagement Expanding the binational Management Table publishing regular progress reports strengthening commitment to consult and co-ordinate and creating a Great Lakes Public Forum

Webinar partiCipants were advised that the proposed Revised GLWQA will undergo a legal review and then be approved by the Canadian and US Governments A Revised GLWQA is expected to be signed in Spring 2012 and subsequent made available to municipalities and the public

Official Plan Policies

In the Ajax Official Plan the Towns dependence on a healthy Great Lakes ecosystem and the water in Lake Ontario to maintain the high quality of life enjoyed in this community is recognized Through recently approved Official Plan Amendment No 38 the Official Plan acknowledges Lake Ontario as the Towns primary source of drinking water and as such states that the Town shall

a) Encourage and support timely effective actions by senior governments the IJC and others to improve and restore the quality of Lake Ontario and other Great Lakes Actions may be undertaken pursuant to treaties and legislation such as the GLWQA as well as new policies legislation and programs to address recurring and emerging concerns such as nutrients invasive species chemical contaminants including pharmaceuticals and personal care products and algal growth 0

~

b) Play an important role in advocating for and implementing water policies and programs based on knowledge of the dynamics of Lake Ontario changing ecological conditions at the landwater interface surface and groundwater regimesand local contaminant sources and

c) Curb contaminant emissions at sources within and near the municipality

In staffs view stronger Federal and Provincial Great Lakes water policy language and more coshyordinated and effective actions supported by reliable sustained financial support from senior governments is needed to support the Towns ongoing water quality studies and actions

FINANCIAL IMPLICATIONS

NA

Subject International Joint Commission Reports and Recommendations to Protect and P a ge 114 Improve Great Lakes Water Quality

COMMUNICATION ISSUES

NA

CONCLUSIONS

The IJCs recent reports describe water quality issues and concerns based on scientific findings being experienced in the nearshore zone along the Towns Waterfront Many of the IJCs recommendations reaffirm those identified in Counci l recommendations to the Federal and Provincial Governments

It is imperative that stronger safeguards and a strong accountability framework with regular reporting to municipalities and the public be key components of the revised Canada-US Great Lakes Water Quality Agreement in order to monitor the progress made toward achieving the shared binational goal of protecting and improving these finite diminishing freshwaters

Similar provisions need to be incorporated into the renewed Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem as well as the Ontario Great Lakes Protection Act now under development in a manner that ensures all governments work co-operatively and effectively to make measurable progress combating 21 sl Century threats to water quality

Therefore it is recommended that this staff report be endorsed

arbara Hodgms MCIP Senior Policy Planner

(~~~Paul A llore MCIP RPP Director of Planning and Development Services

I bull Towno

6118XQBY~Lake

TOWN OF AJAX REPORT

REPORT TO General Government Committee

SUBMITTED BY Paul Allore MCIP RPP Director of Planning and Development Services

PREPARED BY Barbara Hodgins MCIP RPP Senior Policy Planner

SUBJECT International Joint Commission Reports and Recommendations to Protect and Improve Great-Lakes Water Quality

WARD(S) All

DATE OF MEETING April 5 2012

REFERENCES Reports to General Government Committee - July 5 2007 and May 7 2009 Community Action Plan Leader in Environmental Sustainability Strategic Development and Economic Prosperity

RECOMMENDATIONS

1 That the Town of Ajax supports the recommendations contained in the International Joint Commissions Draft Great Lakes Assessment Report and recent Biennial Reports and their implementation through the revised Canada-US Great Lakes Water Quality Agreement the renewed Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem and the Ontario Great Lakes Protection Act now under development and

2 That this staff report be endorsed and sent to the International Joint Commission Environment Canada the Federal and Provincial Ministers of the Environment the Great Lakes and St Lawrence Cities Initiative Conservation Ontario the Toronto and Region Conservation Authority the Central Lake Ontario Conservation Authority York and Durham Regions and area municipalities in Durham Region

BACKGROUND

The purpose of this staff report is to support the International Joint Commissions recommendations and their implementation through the revised Canada-US Great Lakes Water Quality Agreement the renewed Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem and the Ontario Great Lakes Protection Act now under development

Subject International Joint Commission Reports and Recommendations to Protect and Pagel2 Improve Great Lakes Water Quality

Recent International Joint Commission (IJC) reports and recommendations respecting Great Lakes water have expressed concerns about nearshore water quality and shoreline conditions that reflect concerns also identified by the Town The IJC has made recommendations in several recent reports to the Canadian and US Governments promoting the update of agreements and policies pertaining to Great Lakes water quality especially the need for faster effective actions to resolve recurring and emerging issues - supported by sustained funding

Federal obligations regarding the Great Lakes were originally established under the Boundary Waters Treaty Act of 1909 Under the Treaty the IJC became the binational agency to which matters of interest would be referred by the Federal governments for further study and recommendations

The binational Great Lakes Water Quality Agreement (GLWQA) signed in 1972 expanded the Federal Governments commitments to restoring and maintaining the chemical physical and biological integrity of the Great Lakes Basin Ecosystem As a result the Federal governments are reSPOnsible for reporting on progress using indicators (measurable features of environmental conditions that represent something important to environmental management objectives) In turn the IJC is responsible for performing an independent binational assessment of the progress or the need for revisions to the GLWQA to address changing conditions andor emerging concerns identified in Biennial Reports (issued every two years)

The GLWQA was last updated in 1987 some 25 years ago Since 2004 it has been subject to a review An updated GLWQA is expected to be signed by the Canadian and US Governments in 2012

DISCUSSION

Since 2006 the IJC has published several Biennial Reports with recommendations for the Canadian and US Governments The Reports explained the need to better understand and protect freshwaters through the revised GLWQA as summarized below

1) In December 2006 thelJCs Biennial Report advised the Federal governments that the future of the Great Lakes is uncertain The following observations were made about the existing GLWQA

bull its objectives are indefinite outdated and often are not met within specified timelines

bull it has few limits thresholds and schedules for action and is based on reporting requirements rather than performance requirements

bull it does not assign specific roles to particular Federal departments specify roles for municipal governments or commit to making best efforts to achieve objectives

bull it does not effectively confront persistent inputs of toxic substances from contaminated sediment air and other sources such as continuing polluted runoff from urban areas and agricultural land and inadequate capability of sewage treatment plants to treat sewage in a manner that improves water quality

Subject International Joint Commission Reports and Recommendations to Protect and Pagel3 Improve Great Lakes Water Quality

bull it does not address significant persistent challenges or new emerging challenges (examples more beach closures and very few Areas of Concern (toxic hot spots) had been remediated)

bull cleaning up the Great Lakes is more complicated due to increasing invasive species and emerging issues such as new chemicals and personal care products urban growth and climate change

bull insufficient funding remains a core issue due to significant gaps between funds required and those appropriated to clean up contaminated sediment and improve sewage treatment systems and

bull lack of meaningful more substantive reports providing information useful to decisionshymakers and absence of a credible independent review procedure to assess progress toward achieving the GLWQAs objectives and commitments

IJC Recommendation Bold binational commitments and accelerated actions are needed to restore and protect the Great Lakes

2) In August 2009 the IJCs Biennial Report reviewed programs to abate control and prevent pollution from municipal sources and determined that

bull While all levels of government are taking the right actions and conditions have improved over the years it is still difficult to assess overall impact and effectiveness of various pollution abatement control and prevention programs The quality of discharges at some sewage treatment facilities confirmed that considerable work is needed before receiving water quality is suitably protected

bull There are substantial adverse economic impacts associated with polluted discharges of wastewater increased costs of treating drinking water decreased property value lost productivity due to illness increased health care costs and lost revenue from recreation and tourism While wastewater treatment plants reduce levels of many contaminants through the use of physical biological and advanced treatment technologies treated effluent can contain harmful levels of microorganisms such as viruses parasites and potentially harmful substances (examples mercury PCBs toxic chemicals and disinfection byproducts of water treatment) and

bull In Canada health problems related to water pollution are generally estimated to cost $300 million dollars per year1 The US Environmental Protection Agency estimated a loss of income from beach closings from $1-$2 billion per year and economic losses due to illness from sewage releases of $28 billion per year A summary of contaminant releases into middot water reported by municipal wastewater faci lities in Ontario in 2006 showed more than 50 million kilograms of contaminants are released

I 14th Biennial Report on Great Lakes Water Quality prepared by the International Joint Commission August 2009 Link to IJC Website httpwwwijcorgohppublicationsodfllD1631pdf

2 Health and the Environment - Partners for Life Health Canada 1997 as cited in Municipal Wastewater Effluents in Canada at wwwecgccaisoer-reeEnglishSOERlMWWEcfm

Subject International Joint Commission Reports and Recommendations to Protect and Pa g e l 4 Improve Great Lakes Water Quality

IJC Recommendations

a) Ensure economic-stimulus measures address identified wastewater system needs

b) Effectively link watershed management with the permitting process for municipal and industrial dischargers

c) Use of third-party audits to improve compliance with water quality standards or objectives for the Great Lakes and

d) Encourage adoption and implementation of green infrastructure to complement traditional infrastructure investments

3) In January 2011 the IJCs Biennial Report3 focused on the nearshore zone or water near shorelines which are described as the vital link between watersheds tributaries wetlands groundwater and offshore waters of the Great Lakes It noted that most people in the Great Lakes Basin live near the shore and get their drinking water from the nearshore zone however the nearshore zone is experiencing escalating problems such as beach closings nuisance algal growth invasive species and habitat loss The IJC warned that these problems near shorelines if not addressed can spread into offshore waters

The Report states that water quality problems in the nearshore zone are serious in most areas of the Great Lakes and the need to address them is clear The IJCs findings about beaches and recreational water quality eutrophication and chemicals of emerging concern are outlined below

Beaches and Recreational Water Quality Findings

bull Beaches and recreational waters are critical to the economic and environmental health and the quality of life for residents and visitors in the Great Lakes Basin

bull A co-ordinated nearshore zone framework is needed to understand the nature extent and causes of problems at beaches and in recreational waters and the necessary solutions

bull Approximately 822 beaches are monitored in the Great Lakes Basin A 2007 report4

indicated there were 3000 days of beach closings and advisories in 2005 and that a reduction of beach closures by 20 would result in a $130 to $190 million benefit to the Great Lakes Region

bull In 2009 Environment Canada and the US EPA reported based on scientific findings frorn the 2008 State of the Lakes Ecosystem Conference (SOLEC) that the situation in Canada is poor and deteriorating with an average of only 49 of beaches open frorn 1998 to 2007 They confirmed that respiratory and gastrointestinal illnesses as well as

3 151h Biennial Report on Great Lakes Water Quality prepared by the International Joint Commission January 2011 Link to IJC Website httpwwwiicorgrelboardswatershed15biennial report summary web-finalpdf

4 The Brookings Institution 2007 Healthy Waters Strong Economy The Benefits of Restoring the Great Lakes Ecosystem Weblink wwwbrookingsedureportsI20070904gleiecosystem austiriaspx

Subject International Joint Commission Reports and Recommendations to Protect and Page 15 middotImprove Great Lakes Water Quality

ear and skin symptoms can result from exposure to bacteria in contaminated water Human exposure can come from breathing in pathogens from the water surface ingestion and from skin contact Health reports indicate that respiratory diseases have become more common water-related diseases than gastrointestinal illnesses

bull Point sources of contamination including sewage treatment plants contribute to degraded water quality as do non-point sources including agricultural and urban stormwater discharges carrying untreated waste from pets wild birds and waterfowl In the lower Great Lakes the high concentration of urbanization coupled with extensive and aging infrastructure is worsening the situation

bull Climate change is predicted to bring more severe and frequent storms which will potentially increase erosion of shoreline bluffs increase movement of sediment and contaminants in watersheds and impair water quality and

bull The presence of E coli in the nearshore zone may indicate that other pathogens are also present with much greater con~entrations of E coli and parasites in beach sand More efficient and timely testing methods including microbial source tracking need to be developed to better advise the public about recreational water quality at beaches to prevent water-based illnesses

IJC Recommendation Revise the GLWQA to address Beaches and Recreational Water Quality problems by committing to

a) Oeveloping standardized binational criteria monitoring protocols and reporting for issuing and tracking beach postings and reporting waterborne illnesses

b) Conducting research on new analytical techniques such as microbial source tracking to better identify sources of contaminants polluting recreational waters and

c) Oeveloping testing methods to improve the scientific basis for advisory and closure decisions at beaches in consultation with various levels of government and improving early-warning communication to the public about beach advisories and closures

Eutrophication

Eutrophication is excessive aquatic plant growth due to large amounts of nutrients being released into a water body It can adversely impact human health recreation the economy and ecosystems Eutrophication can degrade habitats reduce fish and wildlife populations and cause taste and odour problems in drinking water gastrointestinal illness in swimmers and beach closings - all of which have economic consequences The IJC found that middot

bull There have been very visible signs of resurging eutrophication in all Great Lakes except Lake Superior in recent years including nuisance Cyanobacteria (blue-green algae) blooms rotting piles of green Cladophora algae on shorelines the return of Microcystis harmful algal blooms re-emergence of avian Botulism and more frequent beach postings or closings

bull Causes of the above-noted problems include inadequate municipal sewage treatment increased runoff from increased impervious urban surfaces and agricultural land

Subject International Joint Commission Reports and Recommendations to Protect and Page l S Improve Great Lakes Water Quality

increased loadings of dissolved or soluble reactive phosphorus ecosystem changes from invasive mussels and impacts from climate change including warmer water and more frequent and intense precipitation and stormwater events

bull Both urban and agricultural sources of nutrients and other contaminants must be addressed to improve nearshore water quality

bull Cladophora algae and other algal growth appear to be promoted by loadings of phosphorus discharged from tributaries and other sources including sewage treatment plants The release of Soluble Reactive Phosphorus (SRP) into receiving waters promotes algal growth faster than phosphorus in a particulate form and

bull Phosphorus concentrations may be higher in the nearshore zone and lower in offshore water because zebra mussels change particulate phosphorus into SRP that is recycled in the nearshore and may also be transported into offshore waters

IJC Recommendation Revised the GLWQA to reduce Eutrophication by

a) Developing new or improved models to improve estimates of phosphorus loadings from tributaries and other sources and establishing phosphorus concentration targets for the nearshore zone and offshore waters

b) Requesting that the IJC conduct a binational scientific investigation into the causes of nuisance and harmful algal growth from land use activities in order to identify links between land use algal problems and associated ecosystem changes

c) Implementing a revised GLWQA taking No Regrets management actions using an Adaptive Management Six-Step Approach (refer to Figure 1) to better retain nutrients and sediment on the land No Regrets management actions refers to various ways of reducing use and application of phosphorus promoting more efficient use of nutrients in rural and urban communities and reducing discharges and runoff such as by promoting reduced seWage treatment plant discharges by optimizing plant operations (significant reductions can be attained without significant capital inputs) establishing riparian buffers and retrofitting green infrastructure and

d) Developing maintaining and sharing an inventory of effective No Regrets management techniques and programs to promote evolve and sustain their use

Figure 1 - Six-Step Adaptive Management Cycle

Subject International Joint Commission Reports and Recommendations to Protect and Pagel7 Improve Great Lakes Water Quality

Chemicals of Emerging Concem

The October 2011 IJC Report focused on the need for the US and Canada to approve a revised GLWQA that addresses threats to water quality to prevent or reduce their irnpact on human and ecological health middot Beach closings harmful algal growth contaminated groundwater and alien invasive species are described as threats of greatest concern in the nearshore zone where most people live and get their drinking water and which provide vital habitat for fish and wildlife

The IJC Report explained that the term Chemicals of Emerging Concern refers to peoples emerging awareness of the presence of many unregulated or inadequately regulated chemicals in the environment that may pose health risks to humans and ecosystems The Report indicated that the existing GLWQA does not include policies to deal with Chemicals of Emerging Concern stating

Tens of thousands of industrial substances are currently in use in the United States and Canada Yet relatively few of them have regulations governing their release into the environment and a large percentage has not been thoroughly evaluated for their effects on human health and the environment When toxic substance laws came into effect the vast majority (by volume) of these products were grandfathered into regulated commerce and the burden of demonstrating their risks and demonstrating the need for action fell on government agencies Even when regulatory criteria do exist they were developed based on the best available science at the time and may neglect important considerations for which there were scientific data gaps such as bioconcentration via different pathways and consideration of other toxicity endpoints

Chemicals of Emerging Concern are found in common household and personal care products veterinary middot drugs and human pharmaceuticals flame retardants and phthalates (used to make plastic flexible) It is reported that some chemicals are accumulating in middot sediments fish birds and other aquatic life and gaps in scientific monitoring and knowledge about their bioaccumulation and impacts on health need to be filled

The IJC Report confirms that sewage treatment plants are primary sources releasing Chemicals of Emerging Concern into the nearshore zone and the plants are not designed to remove all of them This has also been confirmed in the findings of recently published research along the Ajax waterfronts Notably the existing GLWQA is silent on this issue

IJC Recommendation Revise the GLWQA to address the substantial threat posed by Chemicals of Emerging Concern - not only to the health of aquatic environments but also to humans - by acting efficiently and effectively to

a) Provide advanced equipment and resources to monitor and evaluate the many Chemicals of Emerging Concern in the environment (eg combine and align existing programs augment existing programs and establish new ones) and produce exposure and effects information

5 Helm PA Howell E Todd et aI Influence of nearshore dynamics on the distribution of organic wastewatershyassociated chemicals in Lake Ontario detenmined using passive samplers Journal of Great Lakes Researchers (2012) doi 101 016f)jglr20120100S

Subject International Joint Commission Reports and Recommendations to Protect and Pagel8 Improve Great Lakes Water Quality

b) Advance the development of wastewater treatment technologies that improve the detection control removal and destruction of Chemicals of Emerging Concern

c) Add principles and processes requiring the Federal governments to prioritize categories of chemicals to address rather than compiling a long list of specific chemicals which would rapidly become outdated and place more emphasis on gaining knowledge and understanding ofhuman health effects ofmajor categories of these chemicals

d) Identify optimal risk management strategies including replacing traditional chemical design production and consumption with green chemistry principles advocating the design of products and processes that minimize the use and generation of hazardous substances supported by market and regulatory tools that will motivate industry to invest in green chemistry and the use design and production ofsafer chemicals and materials

e) Establish a common transparent and easily accessible repository for monitoring data that can be used to assess management options and

f) Provide incentives and educational programs to encourage industry agriculture and consumers to develop and use environmentally-friendly alternative products to reduce the production and consumption ofchemicals ofemerging concern

The Report confirms that the nearshore zone is particularly vulnerable to Chemicals of Emerging Concern that enter water from sewage (examples cosmetics pharmaceuticals and possibly nanomaterials) agricultural runoff (pesticides and veterinary products) landfill leachate and the atmosphere because most loading occurs there especially because sewage treatment plants are not designed to destroy or remove Chemicals of Emerging Concern It concludes that current and emerging threats to human health include substances and problems ranging from algal blooms to materials from consumer products

The IJC also warned the Federal Governments that the revised GLWQA will be critically flawed unless it also makes explicit the goal of protecting human health

Council Resolutions

During the GLWQA review Council sent several resolutions and staff reports to the Federal and Provincial governments identifying concern about deteriorating water quality in nearshore Lake Ontario along the Ajax waterfront and recommending actions aimed at resolving recurring and emerging issues

1) July 9 2007 - Council endorsed the staff report6 on the GLWQA review process supporting a strong Accountability Framework recommended by the IJC and expressing concern about nearshore zone problems along the Ajax Waterfront

bull Lost Swimmability - from visible changes such as frequent beach postings

bull Lost Physical Environmental Integrity Economic Viability and Tourism - from smelly decaying Cladophora algae coating the shoreline during summer months

Town of Ajax Staff Report to General Government Committee entitled Review of the Great Lakes Water Quality Agreement-Update Report dated July 52007

Subject International Joint Commission Reports and Recommendations to Protect and Paget9 Improve Great Lakes Water Quality

bull Lost Value - the above undermining many years of investment by the Town in the Ajax Waterfront and

bull Less Obvious Less Visible Threats - accruing from doubling of the capacity of York and Durham Regions Duffin Creek Water Pollution Control Plant making it the second largest sewage treatment plant in Canada to allow the discharge of 630 million litres of treated effluent daily only 1 km offshore and just 35 km from the intake pipe at Durham Regions Ajax Water Supply Plant

Council Recommendations to the Canadian Government Revise the GLWQA to

1 Include a strong Accountability Framework and provide sustained long-term Capital and Program Funding support

2 Taking a Precautionary Approach to protecting Great Lakes waters from the environmental effects of growth and development in Ontario the only Province affecting the Great Lakes by imposing strict Federal requirements including greater focus on

i) Addressing drinking water quality threats posed by sewage treatment plants by requiring more rigorous assessment processes imposing higher (more protective) environmental standards and using the best possible treatment technologies for both municipal sewage treatment plants (including tertiary ireatment) and water supply plants

ii) Preventing any further increases in the inter-basin transfer of wastewaters as a key step in protecting water quality

iii) Ensuring the list of emerging contaminants is constantly updated and high environmental standards are imposed to curtail their release and

ivY Assessing and mitigating the cumulative impacts of human activity on water quality and the aquatic environment to protect water quality and biodiversity

2) May 11 2009 - Council endorsed a staff report7 with comments on the Provinces Healthy Great Lakes Strong Ontario Discussion Paper as input to a possible Ontario Great Lakes Protection Act The Discussion Paper warned that conditions in the Great Lakes are reaching a tipping point of ill health and reminded that our quality of life depends on restoring the quality and quantity of these at risk freshwaters

Council Recommendations to the Provincial Government

1) Provide the Town with sufficient funding to continue to monitor water quality in Ajaxs storm water system to determine priority areas for storm water retrofit facilities and measures to reduce impacts on the quality ofnearshore water

2) Adopt an Accountability Framework similar to that recommended in the JCs 1jh Biennial Report to ensure effective implementation ofProvincial commitments

7 Town of Ajax Staff Report to General Govemment Committee entitled Comments on Provinces Healthy Great Lakes Strong Ontario dated May 7 2009

Subject International Joint Commission Reports and Recommendations to Protect and P age 110 Improve Great Lakes Water Quality

3) Strongly encourage the Federal Government during negotiations on Federal and Binational Great Lakes-related Treaties and Agreements including the GLWQA to establish sustained reliable sources of funding complemented by scientific research findings to ensure effective actions are taken to improve Great Lakes water quality

4) Lead development of betier more advanced scientific indicators of the health of the Great Lakes support research development and commercialization of new analytical techniques to evaluate water quality and make them readily available at affordable prices at laboratories across Ontario

5) In light of changing climatic conditions in Southern Ontario consult with Conservation Ontario about whether current regulatory flood and erosion standards need to be changed to facilitate better protection of municipal infrastructure property and the natural environment

6) Add stronger more protective water policy language to the Provincial Policy Statement and

7) Increase public education about the Great Lakes and how human activities are affecting these finite freshwaters such as through promotion of greater collaboration with other levels of government and agencies including conservation authorities supported by sufficient sustained funding

Draft Great Lakes Assessment Report by IJC

In November 2011 the IJC also released a Draft Great Lakes Assessment Report for public comment by December 31 2011 The Report was initiated because in recent years the IJC has not been able to comprehensively report on progress as the data needed to develop these reports has not been forwarded by the Federal governments In the absence of regular status reports and as the Canadian and US governments were planning to revise and sign a revised GLWQA in 2012 the IJC chose to try to assess progress made since 1987 (the last time the Agreementwas renewed)

The IJCs Draft Great Lakes Assessment Report focuses in part on how environmental science monitoring and regular reporting of findings are needed to help support sound environmental decision-making When finalized the Report is intended to be a tool to help the public better understand the resources of the Great Lakes Basin and appreciate why it is important to protect this fragile Ecosystem and how individuals and communities can help

Present Water Quality Indicators

To measure changes in the Great Lakes Basin Ecosystem the IJC examined current indicators of water quality in the GLWQA from information provided by government agencies and academic researchers

bull Indicators of Biological Integrity (phosphorus loading contaminants in herring gull eggs whole fish mussels and sediments fish consumption atmospheric deposition)

bull Indicators of Chemical Integrity (beach closingsadvisories aquatic invasive species Burrowing Mayfly density shrimp-like Diporeia populations on lake bottoms and abundance of Lake Sturgeon and Lake Trout) and

Subject International Joint Commission Reports and Recommendations to Protect and P age 111 Improve Great Lakes Water Quality

bull Indicator of Physical Integrity (surface water temperature) The Draft Report identified some progress for example levels of older chemicals had decreased in herring gulls fish and sediments especially from 1987 to 2000 but the trend since 2000 is unknown

Trends Key Findings and Recommendations

Overall trends drawn from available monitoring data and research were mixed The key findings and recommendations are

bull Beach closings due to elevated bacteria levels have remained fairly stable over a 10shyyear reporting period (approx 1998-2007) - roughly 40 of Ontario beaches and 10 of US beaches were closed 10 of the swimming season disease outbreaks related to swimming at beaches are likely under-reported

IJC Recommendation Further refine recreational water quality testing methods require better controls on major pollution sources contributing to beach closings and collect data and establish a centralized swimming-related Outbreak Registry

bull Surface water temperatures are warming - by an annual average increase of about 05degC from 1979 to 2006 undesirable as this promotes algal growth that poses risks to human health and the ecosystem

bull Phosphorus loadings contribute to excessive algal growth in nearshore waters shyincreased loadings of Soluble Reactive Phosphorus (SRP the form of phosphorus that readily helps algae to grow) have been found by monitoring in recent years

IJC Recommendation Improve management controls at sources of Soluble Reactive Phosphorus and continue monitoring of phosphorus loadings

bull Concentrations of Chemicals of Emerging Concern increased considerably from 1987 to 2000 - Concentrations of flame retardants (toxic chemicals known as PBDEs applied to products to make them less flammable) in fish doubled every few years from 1980 to 2000 and have started to stabilize or decline slightly possibly due to voluntary reduction in use

bull Herring gulls - waterbirds that reside year-round in the Great Lakes and eat f ish in contaminated habitat accumulate toxins and experience abnormalities so inputs of chemical concentrations need to be reduced and this monitoring program continued

bull Non-native aquatic species introduced into the Great Lakes have caused dramatic economic and ecological impacts

bull Lake Trout populations almost disappeared from Lake Ontario and most Great Lakes due to overfishing and sea lamprey and remain listed as threatened or endangered species as their populations have not changed measurably and

bull Diporeia - a small shrimp-like crustacean forming the lower end of the aquatic food web that is a food source for many fish but its population has almost disappeared since the zebra and quagga mussel invaSion affecting the distribution abundance growth and condition of fish species including commercially important species

Subject International Joint Commission Reports and Recommendations to Protect and Pa ge 112 Improve Great Lakes Water Quality

Further IJC Recommendations

1) Make programs that monitor measure and report on a meaningful set of core Indicators a priority in ecosystem management and continue during times of budget austerity

2) Support monitoring and assessment efforts along with sound science as the basis for making wiser management decisions and best using limited resources for restoration and protection ofGreat Lakes water quality and

3) Commit to improved monitoring measurements and reporting of both existing and emerging problems

Additionally the IJCs Draft Report emphasizes the need for the Canadian and US Governments to middot

bull renew their focus on reducing nutrient loads into the nearshore zone

bull provide reliable long-term funding for nutrient control programs

bull reinstate monitoring programs and provide regular reports on scientific findings and

bull better understand links between land sources the nearshore zone and offshore waters

Binational Webinar

On March 5 2012 staff joined in a binational public webinar to learn more about possible revisions to the GLWQA from representatives of Environment Canada and the US Environmental Proiection Agency

At the outset of the webinar the benefits of a revised GLWQA were described as being that the Federal governments have heard through public consultation conducted since 2004 the need to make revisions that reflect broader challenges and future impacts facing Great Lakes waters by taking steps to

bull More closely align binational programs bull Place greater emphasis on preventing damage in addition to responding to damage bull Preserve portions of the existing Agreement while undertaking significant streamlining

and bull Clarifying the roles for Provinces States First Nations Metis Tribes and the public

In the webinar presentation it was not specifically stated that revisions will be made to the GLWQA to formalize and clarify the roles of municipalities It was explained that Canadian and US negotiators are considering revising the GLWQA to take the following steps

bull Nutrients Continuing domestic regulatory programs pursuing science on nutrients including the role of Soluble Reactive Phosphorus and the effect of zebra mussels developing binational models for middot nutrient target-setting and continuing research surveillance and monitoring

Subject International Joint Commission Reports and Recommendations to Protect and P age 113 Improve Great Lakes Water Quality

bull Chemicals of Mutual Concern Continuing domestic regulatory programs promoting pollution prevention and binational information exchange and continuing research surveillance and monitoring

bull Habitat and Species Add ing direction to address habitat and species and ecosystem functions as endpoints for water quality management

bull Climate Change Impacts Adding commitments to co-ordinate scientific understanding and capacity building for non-federal partners regarding impacts on the Great Lakes

bull Aquatic Invasive Species Protecting Great Lakes water quality from aquatic invasive species including co-ordination of assessments and rapid response efforts and

bull Opportunities for Enhanced Engagement Expanding the binational Management Table publishing regular progress reports strengthening commitment to consult and co-ordinate and creating a Great Lakes Public Forum

Webinar partiCipants were advised that the proposed Revised GLWQA will undergo a legal review and then be approved by the Canadian and US Governments A Revised GLWQA is expected to be signed in Spring 2012 and subsequent made available to municipalities and the public

Official Plan Policies

In the Ajax Official Plan the Towns dependence on a healthy Great Lakes ecosystem and the water in Lake Ontario to maintain the high quality of life enjoyed in this community is recognized Through recently approved Official Plan Amendment No 38 the Official Plan acknowledges Lake Ontario as the Towns primary source of drinking water and as such states that the Town shall

a) Encourage and support timely effective actions by senior governments the IJC and others to improve and restore the quality of Lake Ontario and other Great Lakes Actions may be undertaken pursuant to treaties and legislation such as the GLWQA as well as new policies legislation and programs to address recurring and emerging concerns such as nutrients invasive species chemical contaminants including pharmaceuticals and personal care products and algal growth 0

~

b) Play an important role in advocating for and implementing water policies and programs based on knowledge of the dynamics of Lake Ontario changing ecological conditions at the landwater interface surface and groundwater regimesand local contaminant sources and

c) Curb contaminant emissions at sources within and near the municipality

In staffs view stronger Federal and Provincial Great Lakes water policy language and more coshyordinated and effective actions supported by reliable sustained financial support from senior governments is needed to support the Towns ongoing water quality studies and actions

FINANCIAL IMPLICATIONS

NA

Subject International Joint Commission Reports and Recommendations to Protect and P a ge 114 Improve Great Lakes Water Quality

COMMUNICATION ISSUES

NA

CONCLUSIONS

The IJCs recent reports describe water quality issues and concerns based on scientific findings being experienced in the nearshore zone along the Towns Waterfront Many of the IJCs recommendations reaffirm those identified in Counci l recommendations to the Federal and Provincial Governments

It is imperative that stronger safeguards and a strong accountability framework with regular reporting to municipalities and the public be key components of the revised Canada-US Great Lakes Water Quality Agreement in order to monitor the progress made toward achieving the shared binational goal of protecting and improving these finite diminishing freshwaters

Similar provisions need to be incorporated into the renewed Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem as well as the Ontario Great Lakes Protection Act now under development in a manner that ensures all governments work co-operatively and effectively to make measurable progress combating 21 sl Century threats to water quality

Therefore it is recommended that this staff report be endorsed

arbara Hodgms MCIP Senior Policy Planner

(~~~Paul A llore MCIP RPP Director of Planning and Development Services

Subject International Joint Commission Reports and Recommendations to Protect and Pagel2 Improve Great Lakes Water Quality

Recent International Joint Commission (IJC) reports and recommendations respecting Great Lakes water have expressed concerns about nearshore water quality and shoreline conditions that reflect concerns also identified by the Town The IJC has made recommendations in several recent reports to the Canadian and US Governments promoting the update of agreements and policies pertaining to Great Lakes water quality especially the need for faster effective actions to resolve recurring and emerging issues - supported by sustained funding

Federal obligations regarding the Great Lakes were originally established under the Boundary Waters Treaty Act of 1909 Under the Treaty the IJC became the binational agency to which matters of interest would be referred by the Federal governments for further study and recommendations

The binational Great Lakes Water Quality Agreement (GLWQA) signed in 1972 expanded the Federal Governments commitments to restoring and maintaining the chemical physical and biological integrity of the Great Lakes Basin Ecosystem As a result the Federal governments are reSPOnsible for reporting on progress using indicators (measurable features of environmental conditions that represent something important to environmental management objectives) In turn the IJC is responsible for performing an independent binational assessment of the progress or the need for revisions to the GLWQA to address changing conditions andor emerging concerns identified in Biennial Reports (issued every two years)

The GLWQA was last updated in 1987 some 25 years ago Since 2004 it has been subject to a review An updated GLWQA is expected to be signed by the Canadian and US Governments in 2012

DISCUSSION

Since 2006 the IJC has published several Biennial Reports with recommendations for the Canadian and US Governments The Reports explained the need to better understand and protect freshwaters through the revised GLWQA as summarized below

1) In December 2006 thelJCs Biennial Report advised the Federal governments that the future of the Great Lakes is uncertain The following observations were made about the existing GLWQA

bull its objectives are indefinite outdated and often are not met within specified timelines

bull it has few limits thresholds and schedules for action and is based on reporting requirements rather than performance requirements

bull it does not assign specific roles to particular Federal departments specify roles for municipal governments or commit to making best efforts to achieve objectives

bull it does not effectively confront persistent inputs of toxic substances from contaminated sediment air and other sources such as continuing polluted runoff from urban areas and agricultural land and inadequate capability of sewage treatment plants to treat sewage in a manner that improves water quality

Subject International Joint Commission Reports and Recommendations to Protect and Pagel3 Improve Great Lakes Water Quality

bull it does not address significant persistent challenges or new emerging challenges (examples more beach closures and very few Areas of Concern (toxic hot spots) had been remediated)

bull cleaning up the Great Lakes is more complicated due to increasing invasive species and emerging issues such as new chemicals and personal care products urban growth and climate change

bull insufficient funding remains a core issue due to significant gaps between funds required and those appropriated to clean up contaminated sediment and improve sewage treatment systems and

bull lack of meaningful more substantive reports providing information useful to decisionshymakers and absence of a credible independent review procedure to assess progress toward achieving the GLWQAs objectives and commitments

IJC Recommendation Bold binational commitments and accelerated actions are needed to restore and protect the Great Lakes

2) In August 2009 the IJCs Biennial Report reviewed programs to abate control and prevent pollution from municipal sources and determined that

bull While all levels of government are taking the right actions and conditions have improved over the years it is still difficult to assess overall impact and effectiveness of various pollution abatement control and prevention programs The quality of discharges at some sewage treatment facilities confirmed that considerable work is needed before receiving water quality is suitably protected

bull There are substantial adverse economic impacts associated with polluted discharges of wastewater increased costs of treating drinking water decreased property value lost productivity due to illness increased health care costs and lost revenue from recreation and tourism While wastewater treatment plants reduce levels of many contaminants through the use of physical biological and advanced treatment technologies treated effluent can contain harmful levels of microorganisms such as viruses parasites and potentially harmful substances (examples mercury PCBs toxic chemicals and disinfection byproducts of water treatment) and

bull In Canada health problems related to water pollution are generally estimated to cost $300 million dollars per year1 The US Environmental Protection Agency estimated a loss of income from beach closings from $1-$2 billion per year and economic losses due to illness from sewage releases of $28 billion per year A summary of contaminant releases into middot water reported by municipal wastewater faci lities in Ontario in 2006 showed more than 50 million kilograms of contaminants are released

I 14th Biennial Report on Great Lakes Water Quality prepared by the International Joint Commission August 2009 Link to IJC Website httpwwwijcorgohppublicationsodfllD1631pdf

2 Health and the Environment - Partners for Life Health Canada 1997 as cited in Municipal Wastewater Effluents in Canada at wwwecgccaisoer-reeEnglishSOERlMWWEcfm

Subject International Joint Commission Reports and Recommendations to Protect and Pa g e l 4 Improve Great Lakes Water Quality

IJC Recommendations

a) Ensure economic-stimulus measures address identified wastewater system needs

b) Effectively link watershed management with the permitting process for municipal and industrial dischargers

c) Use of third-party audits to improve compliance with water quality standards or objectives for the Great Lakes and

d) Encourage adoption and implementation of green infrastructure to complement traditional infrastructure investments

3) In January 2011 the IJCs Biennial Report3 focused on the nearshore zone or water near shorelines which are described as the vital link between watersheds tributaries wetlands groundwater and offshore waters of the Great Lakes It noted that most people in the Great Lakes Basin live near the shore and get their drinking water from the nearshore zone however the nearshore zone is experiencing escalating problems such as beach closings nuisance algal growth invasive species and habitat loss The IJC warned that these problems near shorelines if not addressed can spread into offshore waters

The Report states that water quality problems in the nearshore zone are serious in most areas of the Great Lakes and the need to address them is clear The IJCs findings about beaches and recreational water quality eutrophication and chemicals of emerging concern are outlined below

Beaches and Recreational Water Quality Findings

bull Beaches and recreational waters are critical to the economic and environmental health and the quality of life for residents and visitors in the Great Lakes Basin

bull A co-ordinated nearshore zone framework is needed to understand the nature extent and causes of problems at beaches and in recreational waters and the necessary solutions

bull Approximately 822 beaches are monitored in the Great Lakes Basin A 2007 report4

indicated there were 3000 days of beach closings and advisories in 2005 and that a reduction of beach closures by 20 would result in a $130 to $190 million benefit to the Great Lakes Region

bull In 2009 Environment Canada and the US EPA reported based on scientific findings frorn the 2008 State of the Lakes Ecosystem Conference (SOLEC) that the situation in Canada is poor and deteriorating with an average of only 49 of beaches open frorn 1998 to 2007 They confirmed that respiratory and gastrointestinal illnesses as well as

3 151h Biennial Report on Great Lakes Water Quality prepared by the International Joint Commission January 2011 Link to IJC Website httpwwwiicorgrelboardswatershed15biennial report summary web-finalpdf

4 The Brookings Institution 2007 Healthy Waters Strong Economy The Benefits of Restoring the Great Lakes Ecosystem Weblink wwwbrookingsedureportsI20070904gleiecosystem austiriaspx

Subject International Joint Commission Reports and Recommendations to Protect and Page 15 middotImprove Great Lakes Water Quality

ear and skin symptoms can result from exposure to bacteria in contaminated water Human exposure can come from breathing in pathogens from the water surface ingestion and from skin contact Health reports indicate that respiratory diseases have become more common water-related diseases than gastrointestinal illnesses

bull Point sources of contamination including sewage treatment plants contribute to degraded water quality as do non-point sources including agricultural and urban stormwater discharges carrying untreated waste from pets wild birds and waterfowl In the lower Great Lakes the high concentration of urbanization coupled with extensive and aging infrastructure is worsening the situation

bull Climate change is predicted to bring more severe and frequent storms which will potentially increase erosion of shoreline bluffs increase movement of sediment and contaminants in watersheds and impair water quality and

bull The presence of E coli in the nearshore zone may indicate that other pathogens are also present with much greater con~entrations of E coli and parasites in beach sand More efficient and timely testing methods including microbial source tracking need to be developed to better advise the public about recreational water quality at beaches to prevent water-based illnesses

IJC Recommendation Revise the GLWQA to address Beaches and Recreational Water Quality problems by committing to

a) Oeveloping standardized binational criteria monitoring protocols and reporting for issuing and tracking beach postings and reporting waterborne illnesses

b) Conducting research on new analytical techniques such as microbial source tracking to better identify sources of contaminants polluting recreational waters and

c) Oeveloping testing methods to improve the scientific basis for advisory and closure decisions at beaches in consultation with various levels of government and improving early-warning communication to the public about beach advisories and closures

Eutrophication

Eutrophication is excessive aquatic plant growth due to large amounts of nutrients being released into a water body It can adversely impact human health recreation the economy and ecosystems Eutrophication can degrade habitats reduce fish and wildlife populations and cause taste and odour problems in drinking water gastrointestinal illness in swimmers and beach closings - all of which have economic consequences The IJC found that middot

bull There have been very visible signs of resurging eutrophication in all Great Lakes except Lake Superior in recent years including nuisance Cyanobacteria (blue-green algae) blooms rotting piles of green Cladophora algae on shorelines the return of Microcystis harmful algal blooms re-emergence of avian Botulism and more frequent beach postings or closings

bull Causes of the above-noted problems include inadequate municipal sewage treatment increased runoff from increased impervious urban surfaces and agricultural land

Subject International Joint Commission Reports and Recommendations to Protect and Page l S Improve Great Lakes Water Quality

increased loadings of dissolved or soluble reactive phosphorus ecosystem changes from invasive mussels and impacts from climate change including warmer water and more frequent and intense precipitation and stormwater events

bull Both urban and agricultural sources of nutrients and other contaminants must be addressed to improve nearshore water quality

bull Cladophora algae and other algal growth appear to be promoted by loadings of phosphorus discharged from tributaries and other sources including sewage treatment plants The release of Soluble Reactive Phosphorus (SRP) into receiving waters promotes algal growth faster than phosphorus in a particulate form and

bull Phosphorus concentrations may be higher in the nearshore zone and lower in offshore water because zebra mussels change particulate phosphorus into SRP that is recycled in the nearshore and may also be transported into offshore waters

IJC Recommendation Revised the GLWQA to reduce Eutrophication by

a) Developing new or improved models to improve estimates of phosphorus loadings from tributaries and other sources and establishing phosphorus concentration targets for the nearshore zone and offshore waters

b) Requesting that the IJC conduct a binational scientific investigation into the causes of nuisance and harmful algal growth from land use activities in order to identify links between land use algal problems and associated ecosystem changes

c) Implementing a revised GLWQA taking No Regrets management actions using an Adaptive Management Six-Step Approach (refer to Figure 1) to better retain nutrients and sediment on the land No Regrets management actions refers to various ways of reducing use and application of phosphorus promoting more efficient use of nutrients in rural and urban communities and reducing discharges and runoff such as by promoting reduced seWage treatment plant discharges by optimizing plant operations (significant reductions can be attained without significant capital inputs) establishing riparian buffers and retrofitting green infrastructure and

d) Developing maintaining and sharing an inventory of effective No Regrets management techniques and programs to promote evolve and sustain their use

Figure 1 - Six-Step Adaptive Management Cycle

Subject International Joint Commission Reports and Recommendations to Protect and Pagel7 Improve Great Lakes Water Quality

Chemicals of Emerging Concem

The October 2011 IJC Report focused on the need for the US and Canada to approve a revised GLWQA that addresses threats to water quality to prevent or reduce their irnpact on human and ecological health middot Beach closings harmful algal growth contaminated groundwater and alien invasive species are described as threats of greatest concern in the nearshore zone where most people live and get their drinking water and which provide vital habitat for fish and wildlife

The IJC Report explained that the term Chemicals of Emerging Concern refers to peoples emerging awareness of the presence of many unregulated or inadequately regulated chemicals in the environment that may pose health risks to humans and ecosystems The Report indicated that the existing GLWQA does not include policies to deal with Chemicals of Emerging Concern stating

Tens of thousands of industrial substances are currently in use in the United States and Canada Yet relatively few of them have regulations governing their release into the environment and a large percentage has not been thoroughly evaluated for their effects on human health and the environment When toxic substance laws came into effect the vast majority (by volume) of these products were grandfathered into regulated commerce and the burden of demonstrating their risks and demonstrating the need for action fell on government agencies Even when regulatory criteria do exist they were developed based on the best available science at the time and may neglect important considerations for which there were scientific data gaps such as bioconcentration via different pathways and consideration of other toxicity endpoints

Chemicals of Emerging Concern are found in common household and personal care products veterinary middot drugs and human pharmaceuticals flame retardants and phthalates (used to make plastic flexible) It is reported that some chemicals are accumulating in middot sediments fish birds and other aquatic life and gaps in scientific monitoring and knowledge about their bioaccumulation and impacts on health need to be filled

The IJC Report confirms that sewage treatment plants are primary sources releasing Chemicals of Emerging Concern into the nearshore zone and the plants are not designed to remove all of them This has also been confirmed in the findings of recently published research along the Ajax waterfronts Notably the existing GLWQA is silent on this issue

IJC Recommendation Revise the GLWQA to address the substantial threat posed by Chemicals of Emerging Concern - not only to the health of aquatic environments but also to humans - by acting efficiently and effectively to

a) Provide advanced equipment and resources to monitor and evaluate the many Chemicals of Emerging Concern in the environment (eg combine and align existing programs augment existing programs and establish new ones) and produce exposure and effects information

5 Helm PA Howell E Todd et aI Influence of nearshore dynamics on the distribution of organic wastewatershyassociated chemicals in Lake Ontario detenmined using passive samplers Journal of Great Lakes Researchers (2012) doi 101 016f)jglr20120100S

Subject International Joint Commission Reports and Recommendations to Protect and Pagel8 Improve Great Lakes Water Quality

b) Advance the development of wastewater treatment technologies that improve the detection control removal and destruction of Chemicals of Emerging Concern

c) Add principles and processes requiring the Federal governments to prioritize categories of chemicals to address rather than compiling a long list of specific chemicals which would rapidly become outdated and place more emphasis on gaining knowledge and understanding ofhuman health effects ofmajor categories of these chemicals

d) Identify optimal risk management strategies including replacing traditional chemical design production and consumption with green chemistry principles advocating the design of products and processes that minimize the use and generation of hazardous substances supported by market and regulatory tools that will motivate industry to invest in green chemistry and the use design and production ofsafer chemicals and materials

e) Establish a common transparent and easily accessible repository for monitoring data that can be used to assess management options and

f) Provide incentives and educational programs to encourage industry agriculture and consumers to develop and use environmentally-friendly alternative products to reduce the production and consumption ofchemicals ofemerging concern

The Report confirms that the nearshore zone is particularly vulnerable to Chemicals of Emerging Concern that enter water from sewage (examples cosmetics pharmaceuticals and possibly nanomaterials) agricultural runoff (pesticides and veterinary products) landfill leachate and the atmosphere because most loading occurs there especially because sewage treatment plants are not designed to destroy or remove Chemicals of Emerging Concern It concludes that current and emerging threats to human health include substances and problems ranging from algal blooms to materials from consumer products

The IJC also warned the Federal Governments that the revised GLWQA will be critically flawed unless it also makes explicit the goal of protecting human health

Council Resolutions

During the GLWQA review Council sent several resolutions and staff reports to the Federal and Provincial governments identifying concern about deteriorating water quality in nearshore Lake Ontario along the Ajax waterfront and recommending actions aimed at resolving recurring and emerging issues

1) July 9 2007 - Council endorsed the staff report6 on the GLWQA review process supporting a strong Accountability Framework recommended by the IJC and expressing concern about nearshore zone problems along the Ajax Waterfront

bull Lost Swimmability - from visible changes such as frequent beach postings

bull Lost Physical Environmental Integrity Economic Viability and Tourism - from smelly decaying Cladophora algae coating the shoreline during summer months

Town of Ajax Staff Report to General Government Committee entitled Review of the Great Lakes Water Quality Agreement-Update Report dated July 52007

Subject International Joint Commission Reports and Recommendations to Protect and Paget9 Improve Great Lakes Water Quality

bull Lost Value - the above undermining many years of investment by the Town in the Ajax Waterfront and

bull Less Obvious Less Visible Threats - accruing from doubling of the capacity of York and Durham Regions Duffin Creek Water Pollution Control Plant making it the second largest sewage treatment plant in Canada to allow the discharge of 630 million litres of treated effluent daily only 1 km offshore and just 35 km from the intake pipe at Durham Regions Ajax Water Supply Plant

Council Recommendations to the Canadian Government Revise the GLWQA to

1 Include a strong Accountability Framework and provide sustained long-term Capital and Program Funding support

2 Taking a Precautionary Approach to protecting Great Lakes waters from the environmental effects of growth and development in Ontario the only Province affecting the Great Lakes by imposing strict Federal requirements including greater focus on

i) Addressing drinking water quality threats posed by sewage treatment plants by requiring more rigorous assessment processes imposing higher (more protective) environmental standards and using the best possible treatment technologies for both municipal sewage treatment plants (including tertiary ireatment) and water supply plants

ii) Preventing any further increases in the inter-basin transfer of wastewaters as a key step in protecting water quality

iii) Ensuring the list of emerging contaminants is constantly updated and high environmental standards are imposed to curtail their release and

ivY Assessing and mitigating the cumulative impacts of human activity on water quality and the aquatic environment to protect water quality and biodiversity

2) May 11 2009 - Council endorsed a staff report7 with comments on the Provinces Healthy Great Lakes Strong Ontario Discussion Paper as input to a possible Ontario Great Lakes Protection Act The Discussion Paper warned that conditions in the Great Lakes are reaching a tipping point of ill health and reminded that our quality of life depends on restoring the quality and quantity of these at risk freshwaters

Council Recommendations to the Provincial Government

1) Provide the Town with sufficient funding to continue to monitor water quality in Ajaxs storm water system to determine priority areas for storm water retrofit facilities and measures to reduce impacts on the quality ofnearshore water

2) Adopt an Accountability Framework similar to that recommended in the JCs 1jh Biennial Report to ensure effective implementation ofProvincial commitments

7 Town of Ajax Staff Report to General Govemment Committee entitled Comments on Provinces Healthy Great Lakes Strong Ontario dated May 7 2009

Subject International Joint Commission Reports and Recommendations to Protect and P age 110 Improve Great Lakes Water Quality

3) Strongly encourage the Federal Government during negotiations on Federal and Binational Great Lakes-related Treaties and Agreements including the GLWQA to establish sustained reliable sources of funding complemented by scientific research findings to ensure effective actions are taken to improve Great Lakes water quality

4) Lead development of betier more advanced scientific indicators of the health of the Great Lakes support research development and commercialization of new analytical techniques to evaluate water quality and make them readily available at affordable prices at laboratories across Ontario

5) In light of changing climatic conditions in Southern Ontario consult with Conservation Ontario about whether current regulatory flood and erosion standards need to be changed to facilitate better protection of municipal infrastructure property and the natural environment

6) Add stronger more protective water policy language to the Provincial Policy Statement and

7) Increase public education about the Great Lakes and how human activities are affecting these finite freshwaters such as through promotion of greater collaboration with other levels of government and agencies including conservation authorities supported by sufficient sustained funding

Draft Great Lakes Assessment Report by IJC

In November 2011 the IJC also released a Draft Great Lakes Assessment Report for public comment by December 31 2011 The Report was initiated because in recent years the IJC has not been able to comprehensively report on progress as the data needed to develop these reports has not been forwarded by the Federal governments In the absence of regular status reports and as the Canadian and US governments were planning to revise and sign a revised GLWQA in 2012 the IJC chose to try to assess progress made since 1987 (the last time the Agreementwas renewed)

The IJCs Draft Great Lakes Assessment Report focuses in part on how environmental science monitoring and regular reporting of findings are needed to help support sound environmental decision-making When finalized the Report is intended to be a tool to help the public better understand the resources of the Great Lakes Basin and appreciate why it is important to protect this fragile Ecosystem and how individuals and communities can help

Present Water Quality Indicators

To measure changes in the Great Lakes Basin Ecosystem the IJC examined current indicators of water quality in the GLWQA from information provided by government agencies and academic researchers

bull Indicators of Biological Integrity (phosphorus loading contaminants in herring gull eggs whole fish mussels and sediments fish consumption atmospheric deposition)

bull Indicators of Chemical Integrity (beach closingsadvisories aquatic invasive species Burrowing Mayfly density shrimp-like Diporeia populations on lake bottoms and abundance of Lake Sturgeon and Lake Trout) and

Subject International Joint Commission Reports and Recommendations to Protect and P age 111 Improve Great Lakes Water Quality

bull Indicator of Physical Integrity (surface water temperature) The Draft Report identified some progress for example levels of older chemicals had decreased in herring gulls fish and sediments especially from 1987 to 2000 but the trend since 2000 is unknown

Trends Key Findings and Recommendations

Overall trends drawn from available monitoring data and research were mixed The key findings and recommendations are

bull Beach closings due to elevated bacteria levels have remained fairly stable over a 10shyyear reporting period (approx 1998-2007) - roughly 40 of Ontario beaches and 10 of US beaches were closed 10 of the swimming season disease outbreaks related to swimming at beaches are likely under-reported

IJC Recommendation Further refine recreational water quality testing methods require better controls on major pollution sources contributing to beach closings and collect data and establish a centralized swimming-related Outbreak Registry

bull Surface water temperatures are warming - by an annual average increase of about 05degC from 1979 to 2006 undesirable as this promotes algal growth that poses risks to human health and the ecosystem

bull Phosphorus loadings contribute to excessive algal growth in nearshore waters shyincreased loadings of Soluble Reactive Phosphorus (SRP the form of phosphorus that readily helps algae to grow) have been found by monitoring in recent years

IJC Recommendation Improve management controls at sources of Soluble Reactive Phosphorus and continue monitoring of phosphorus loadings

bull Concentrations of Chemicals of Emerging Concern increased considerably from 1987 to 2000 - Concentrations of flame retardants (toxic chemicals known as PBDEs applied to products to make them less flammable) in fish doubled every few years from 1980 to 2000 and have started to stabilize or decline slightly possibly due to voluntary reduction in use

bull Herring gulls - waterbirds that reside year-round in the Great Lakes and eat f ish in contaminated habitat accumulate toxins and experience abnormalities so inputs of chemical concentrations need to be reduced and this monitoring program continued

bull Non-native aquatic species introduced into the Great Lakes have caused dramatic economic and ecological impacts

bull Lake Trout populations almost disappeared from Lake Ontario and most Great Lakes due to overfishing and sea lamprey and remain listed as threatened or endangered species as their populations have not changed measurably and

bull Diporeia - a small shrimp-like crustacean forming the lower end of the aquatic food web that is a food source for many fish but its population has almost disappeared since the zebra and quagga mussel invaSion affecting the distribution abundance growth and condition of fish species including commercially important species

Subject International Joint Commission Reports and Recommendations to Protect and Pa ge 112 Improve Great Lakes Water Quality

Further IJC Recommendations

1) Make programs that monitor measure and report on a meaningful set of core Indicators a priority in ecosystem management and continue during times of budget austerity

2) Support monitoring and assessment efforts along with sound science as the basis for making wiser management decisions and best using limited resources for restoration and protection ofGreat Lakes water quality and

3) Commit to improved monitoring measurements and reporting of both existing and emerging problems

Additionally the IJCs Draft Report emphasizes the need for the Canadian and US Governments to middot

bull renew their focus on reducing nutrient loads into the nearshore zone

bull provide reliable long-term funding for nutrient control programs

bull reinstate monitoring programs and provide regular reports on scientific findings and

bull better understand links between land sources the nearshore zone and offshore waters

Binational Webinar

On March 5 2012 staff joined in a binational public webinar to learn more about possible revisions to the GLWQA from representatives of Environment Canada and the US Environmental Proiection Agency

At the outset of the webinar the benefits of a revised GLWQA were described as being that the Federal governments have heard through public consultation conducted since 2004 the need to make revisions that reflect broader challenges and future impacts facing Great Lakes waters by taking steps to

bull More closely align binational programs bull Place greater emphasis on preventing damage in addition to responding to damage bull Preserve portions of the existing Agreement while undertaking significant streamlining

and bull Clarifying the roles for Provinces States First Nations Metis Tribes and the public

In the webinar presentation it was not specifically stated that revisions will be made to the GLWQA to formalize and clarify the roles of municipalities It was explained that Canadian and US negotiators are considering revising the GLWQA to take the following steps

bull Nutrients Continuing domestic regulatory programs pursuing science on nutrients including the role of Soluble Reactive Phosphorus and the effect of zebra mussels developing binational models for middot nutrient target-setting and continuing research surveillance and monitoring

Subject International Joint Commission Reports and Recommendations to Protect and P age 113 Improve Great Lakes Water Quality

bull Chemicals of Mutual Concern Continuing domestic regulatory programs promoting pollution prevention and binational information exchange and continuing research surveillance and monitoring

bull Habitat and Species Add ing direction to address habitat and species and ecosystem functions as endpoints for water quality management

bull Climate Change Impacts Adding commitments to co-ordinate scientific understanding and capacity building for non-federal partners regarding impacts on the Great Lakes

bull Aquatic Invasive Species Protecting Great Lakes water quality from aquatic invasive species including co-ordination of assessments and rapid response efforts and

bull Opportunities for Enhanced Engagement Expanding the binational Management Table publishing regular progress reports strengthening commitment to consult and co-ordinate and creating a Great Lakes Public Forum

Webinar partiCipants were advised that the proposed Revised GLWQA will undergo a legal review and then be approved by the Canadian and US Governments A Revised GLWQA is expected to be signed in Spring 2012 and subsequent made available to municipalities and the public

Official Plan Policies

In the Ajax Official Plan the Towns dependence on a healthy Great Lakes ecosystem and the water in Lake Ontario to maintain the high quality of life enjoyed in this community is recognized Through recently approved Official Plan Amendment No 38 the Official Plan acknowledges Lake Ontario as the Towns primary source of drinking water and as such states that the Town shall

a) Encourage and support timely effective actions by senior governments the IJC and others to improve and restore the quality of Lake Ontario and other Great Lakes Actions may be undertaken pursuant to treaties and legislation such as the GLWQA as well as new policies legislation and programs to address recurring and emerging concerns such as nutrients invasive species chemical contaminants including pharmaceuticals and personal care products and algal growth 0

~

b) Play an important role in advocating for and implementing water policies and programs based on knowledge of the dynamics of Lake Ontario changing ecological conditions at the landwater interface surface and groundwater regimesand local contaminant sources and

c) Curb contaminant emissions at sources within and near the municipality

In staffs view stronger Federal and Provincial Great Lakes water policy language and more coshyordinated and effective actions supported by reliable sustained financial support from senior governments is needed to support the Towns ongoing water quality studies and actions

FINANCIAL IMPLICATIONS

NA

Subject International Joint Commission Reports and Recommendations to Protect and P a ge 114 Improve Great Lakes Water Quality

COMMUNICATION ISSUES

NA

CONCLUSIONS

The IJCs recent reports describe water quality issues and concerns based on scientific findings being experienced in the nearshore zone along the Towns Waterfront Many of the IJCs recommendations reaffirm those identified in Counci l recommendations to the Federal and Provincial Governments

It is imperative that stronger safeguards and a strong accountability framework with regular reporting to municipalities and the public be key components of the revised Canada-US Great Lakes Water Quality Agreement in order to monitor the progress made toward achieving the shared binational goal of protecting and improving these finite diminishing freshwaters

Similar provisions need to be incorporated into the renewed Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem as well as the Ontario Great Lakes Protection Act now under development in a manner that ensures all governments work co-operatively and effectively to make measurable progress combating 21 sl Century threats to water quality

Therefore it is recommended that this staff report be endorsed

arbara Hodgms MCIP Senior Policy Planner

(~~~Paul A llore MCIP RPP Director of Planning and Development Services

Subject International Joint Commission Reports and Recommendations to Protect and Pagel3 Improve Great Lakes Water Quality

bull it does not address significant persistent challenges or new emerging challenges (examples more beach closures and very few Areas of Concern (toxic hot spots) had been remediated)

bull cleaning up the Great Lakes is more complicated due to increasing invasive species and emerging issues such as new chemicals and personal care products urban growth and climate change

bull insufficient funding remains a core issue due to significant gaps between funds required and those appropriated to clean up contaminated sediment and improve sewage treatment systems and

bull lack of meaningful more substantive reports providing information useful to decisionshymakers and absence of a credible independent review procedure to assess progress toward achieving the GLWQAs objectives and commitments

IJC Recommendation Bold binational commitments and accelerated actions are needed to restore and protect the Great Lakes

2) In August 2009 the IJCs Biennial Report reviewed programs to abate control and prevent pollution from municipal sources and determined that

bull While all levels of government are taking the right actions and conditions have improved over the years it is still difficult to assess overall impact and effectiveness of various pollution abatement control and prevention programs The quality of discharges at some sewage treatment facilities confirmed that considerable work is needed before receiving water quality is suitably protected

bull There are substantial adverse economic impacts associated with polluted discharges of wastewater increased costs of treating drinking water decreased property value lost productivity due to illness increased health care costs and lost revenue from recreation and tourism While wastewater treatment plants reduce levels of many contaminants through the use of physical biological and advanced treatment technologies treated effluent can contain harmful levels of microorganisms such as viruses parasites and potentially harmful substances (examples mercury PCBs toxic chemicals and disinfection byproducts of water treatment) and

bull In Canada health problems related to water pollution are generally estimated to cost $300 million dollars per year1 The US Environmental Protection Agency estimated a loss of income from beach closings from $1-$2 billion per year and economic losses due to illness from sewage releases of $28 billion per year A summary of contaminant releases into middot water reported by municipal wastewater faci lities in Ontario in 2006 showed more than 50 million kilograms of contaminants are released

I 14th Biennial Report on Great Lakes Water Quality prepared by the International Joint Commission August 2009 Link to IJC Website httpwwwijcorgohppublicationsodfllD1631pdf

2 Health and the Environment - Partners for Life Health Canada 1997 as cited in Municipal Wastewater Effluents in Canada at wwwecgccaisoer-reeEnglishSOERlMWWEcfm

Subject International Joint Commission Reports and Recommendations to Protect and Pa g e l 4 Improve Great Lakes Water Quality

IJC Recommendations

a) Ensure economic-stimulus measures address identified wastewater system needs

b) Effectively link watershed management with the permitting process for municipal and industrial dischargers

c) Use of third-party audits to improve compliance with water quality standards or objectives for the Great Lakes and

d) Encourage adoption and implementation of green infrastructure to complement traditional infrastructure investments

3) In January 2011 the IJCs Biennial Report3 focused on the nearshore zone or water near shorelines which are described as the vital link between watersheds tributaries wetlands groundwater and offshore waters of the Great Lakes It noted that most people in the Great Lakes Basin live near the shore and get their drinking water from the nearshore zone however the nearshore zone is experiencing escalating problems such as beach closings nuisance algal growth invasive species and habitat loss The IJC warned that these problems near shorelines if not addressed can spread into offshore waters

The Report states that water quality problems in the nearshore zone are serious in most areas of the Great Lakes and the need to address them is clear The IJCs findings about beaches and recreational water quality eutrophication and chemicals of emerging concern are outlined below

Beaches and Recreational Water Quality Findings

bull Beaches and recreational waters are critical to the economic and environmental health and the quality of life for residents and visitors in the Great Lakes Basin

bull A co-ordinated nearshore zone framework is needed to understand the nature extent and causes of problems at beaches and in recreational waters and the necessary solutions

bull Approximately 822 beaches are monitored in the Great Lakes Basin A 2007 report4

indicated there were 3000 days of beach closings and advisories in 2005 and that a reduction of beach closures by 20 would result in a $130 to $190 million benefit to the Great Lakes Region

bull In 2009 Environment Canada and the US EPA reported based on scientific findings frorn the 2008 State of the Lakes Ecosystem Conference (SOLEC) that the situation in Canada is poor and deteriorating with an average of only 49 of beaches open frorn 1998 to 2007 They confirmed that respiratory and gastrointestinal illnesses as well as

3 151h Biennial Report on Great Lakes Water Quality prepared by the International Joint Commission January 2011 Link to IJC Website httpwwwiicorgrelboardswatershed15biennial report summary web-finalpdf

4 The Brookings Institution 2007 Healthy Waters Strong Economy The Benefits of Restoring the Great Lakes Ecosystem Weblink wwwbrookingsedureportsI20070904gleiecosystem austiriaspx

Subject International Joint Commission Reports and Recommendations to Protect and Page 15 middotImprove Great Lakes Water Quality

ear and skin symptoms can result from exposure to bacteria in contaminated water Human exposure can come from breathing in pathogens from the water surface ingestion and from skin contact Health reports indicate that respiratory diseases have become more common water-related diseases than gastrointestinal illnesses

bull Point sources of contamination including sewage treatment plants contribute to degraded water quality as do non-point sources including agricultural and urban stormwater discharges carrying untreated waste from pets wild birds and waterfowl In the lower Great Lakes the high concentration of urbanization coupled with extensive and aging infrastructure is worsening the situation

bull Climate change is predicted to bring more severe and frequent storms which will potentially increase erosion of shoreline bluffs increase movement of sediment and contaminants in watersheds and impair water quality and

bull The presence of E coli in the nearshore zone may indicate that other pathogens are also present with much greater con~entrations of E coli and parasites in beach sand More efficient and timely testing methods including microbial source tracking need to be developed to better advise the public about recreational water quality at beaches to prevent water-based illnesses

IJC Recommendation Revise the GLWQA to address Beaches and Recreational Water Quality problems by committing to

a) Oeveloping standardized binational criteria monitoring protocols and reporting for issuing and tracking beach postings and reporting waterborne illnesses

b) Conducting research on new analytical techniques such as microbial source tracking to better identify sources of contaminants polluting recreational waters and

c) Oeveloping testing methods to improve the scientific basis for advisory and closure decisions at beaches in consultation with various levels of government and improving early-warning communication to the public about beach advisories and closures

Eutrophication

Eutrophication is excessive aquatic plant growth due to large amounts of nutrients being released into a water body It can adversely impact human health recreation the economy and ecosystems Eutrophication can degrade habitats reduce fish and wildlife populations and cause taste and odour problems in drinking water gastrointestinal illness in swimmers and beach closings - all of which have economic consequences The IJC found that middot

bull There have been very visible signs of resurging eutrophication in all Great Lakes except Lake Superior in recent years including nuisance Cyanobacteria (blue-green algae) blooms rotting piles of green Cladophora algae on shorelines the return of Microcystis harmful algal blooms re-emergence of avian Botulism and more frequent beach postings or closings

bull Causes of the above-noted problems include inadequate municipal sewage treatment increased runoff from increased impervious urban surfaces and agricultural land

Subject International Joint Commission Reports and Recommendations to Protect and Page l S Improve Great Lakes Water Quality

increased loadings of dissolved or soluble reactive phosphorus ecosystem changes from invasive mussels and impacts from climate change including warmer water and more frequent and intense precipitation and stormwater events

bull Both urban and agricultural sources of nutrients and other contaminants must be addressed to improve nearshore water quality

bull Cladophora algae and other algal growth appear to be promoted by loadings of phosphorus discharged from tributaries and other sources including sewage treatment plants The release of Soluble Reactive Phosphorus (SRP) into receiving waters promotes algal growth faster than phosphorus in a particulate form and

bull Phosphorus concentrations may be higher in the nearshore zone and lower in offshore water because zebra mussels change particulate phosphorus into SRP that is recycled in the nearshore and may also be transported into offshore waters

IJC Recommendation Revised the GLWQA to reduce Eutrophication by

a) Developing new or improved models to improve estimates of phosphorus loadings from tributaries and other sources and establishing phosphorus concentration targets for the nearshore zone and offshore waters

b) Requesting that the IJC conduct a binational scientific investigation into the causes of nuisance and harmful algal growth from land use activities in order to identify links between land use algal problems and associated ecosystem changes

c) Implementing a revised GLWQA taking No Regrets management actions using an Adaptive Management Six-Step Approach (refer to Figure 1) to better retain nutrients and sediment on the land No Regrets management actions refers to various ways of reducing use and application of phosphorus promoting more efficient use of nutrients in rural and urban communities and reducing discharges and runoff such as by promoting reduced seWage treatment plant discharges by optimizing plant operations (significant reductions can be attained without significant capital inputs) establishing riparian buffers and retrofitting green infrastructure and

d) Developing maintaining and sharing an inventory of effective No Regrets management techniques and programs to promote evolve and sustain their use

Figure 1 - Six-Step Adaptive Management Cycle

Subject International Joint Commission Reports and Recommendations to Protect and Pagel7 Improve Great Lakes Water Quality

Chemicals of Emerging Concem

The October 2011 IJC Report focused on the need for the US and Canada to approve a revised GLWQA that addresses threats to water quality to prevent or reduce their irnpact on human and ecological health middot Beach closings harmful algal growth contaminated groundwater and alien invasive species are described as threats of greatest concern in the nearshore zone where most people live and get their drinking water and which provide vital habitat for fish and wildlife

The IJC Report explained that the term Chemicals of Emerging Concern refers to peoples emerging awareness of the presence of many unregulated or inadequately regulated chemicals in the environment that may pose health risks to humans and ecosystems The Report indicated that the existing GLWQA does not include policies to deal with Chemicals of Emerging Concern stating

Tens of thousands of industrial substances are currently in use in the United States and Canada Yet relatively few of them have regulations governing their release into the environment and a large percentage has not been thoroughly evaluated for their effects on human health and the environment When toxic substance laws came into effect the vast majority (by volume) of these products were grandfathered into regulated commerce and the burden of demonstrating their risks and demonstrating the need for action fell on government agencies Even when regulatory criteria do exist they were developed based on the best available science at the time and may neglect important considerations for which there were scientific data gaps such as bioconcentration via different pathways and consideration of other toxicity endpoints

Chemicals of Emerging Concern are found in common household and personal care products veterinary middot drugs and human pharmaceuticals flame retardants and phthalates (used to make plastic flexible) It is reported that some chemicals are accumulating in middot sediments fish birds and other aquatic life and gaps in scientific monitoring and knowledge about their bioaccumulation and impacts on health need to be filled

The IJC Report confirms that sewage treatment plants are primary sources releasing Chemicals of Emerging Concern into the nearshore zone and the plants are not designed to remove all of them This has also been confirmed in the findings of recently published research along the Ajax waterfronts Notably the existing GLWQA is silent on this issue

IJC Recommendation Revise the GLWQA to address the substantial threat posed by Chemicals of Emerging Concern - not only to the health of aquatic environments but also to humans - by acting efficiently and effectively to

a) Provide advanced equipment and resources to monitor and evaluate the many Chemicals of Emerging Concern in the environment (eg combine and align existing programs augment existing programs and establish new ones) and produce exposure and effects information

5 Helm PA Howell E Todd et aI Influence of nearshore dynamics on the distribution of organic wastewatershyassociated chemicals in Lake Ontario detenmined using passive samplers Journal of Great Lakes Researchers (2012) doi 101 016f)jglr20120100S

Subject International Joint Commission Reports and Recommendations to Protect and Pagel8 Improve Great Lakes Water Quality

b) Advance the development of wastewater treatment technologies that improve the detection control removal and destruction of Chemicals of Emerging Concern

c) Add principles and processes requiring the Federal governments to prioritize categories of chemicals to address rather than compiling a long list of specific chemicals which would rapidly become outdated and place more emphasis on gaining knowledge and understanding ofhuman health effects ofmajor categories of these chemicals

d) Identify optimal risk management strategies including replacing traditional chemical design production and consumption with green chemistry principles advocating the design of products and processes that minimize the use and generation of hazardous substances supported by market and regulatory tools that will motivate industry to invest in green chemistry and the use design and production ofsafer chemicals and materials

e) Establish a common transparent and easily accessible repository for monitoring data that can be used to assess management options and

f) Provide incentives and educational programs to encourage industry agriculture and consumers to develop and use environmentally-friendly alternative products to reduce the production and consumption ofchemicals ofemerging concern

The Report confirms that the nearshore zone is particularly vulnerable to Chemicals of Emerging Concern that enter water from sewage (examples cosmetics pharmaceuticals and possibly nanomaterials) agricultural runoff (pesticides and veterinary products) landfill leachate and the atmosphere because most loading occurs there especially because sewage treatment plants are not designed to destroy or remove Chemicals of Emerging Concern It concludes that current and emerging threats to human health include substances and problems ranging from algal blooms to materials from consumer products

The IJC also warned the Federal Governments that the revised GLWQA will be critically flawed unless it also makes explicit the goal of protecting human health

Council Resolutions

During the GLWQA review Council sent several resolutions and staff reports to the Federal and Provincial governments identifying concern about deteriorating water quality in nearshore Lake Ontario along the Ajax waterfront and recommending actions aimed at resolving recurring and emerging issues

1) July 9 2007 - Council endorsed the staff report6 on the GLWQA review process supporting a strong Accountability Framework recommended by the IJC and expressing concern about nearshore zone problems along the Ajax Waterfront

bull Lost Swimmability - from visible changes such as frequent beach postings

bull Lost Physical Environmental Integrity Economic Viability and Tourism - from smelly decaying Cladophora algae coating the shoreline during summer months

Town of Ajax Staff Report to General Government Committee entitled Review of the Great Lakes Water Quality Agreement-Update Report dated July 52007

Subject International Joint Commission Reports and Recommendations to Protect and Paget9 Improve Great Lakes Water Quality

bull Lost Value - the above undermining many years of investment by the Town in the Ajax Waterfront and

bull Less Obvious Less Visible Threats - accruing from doubling of the capacity of York and Durham Regions Duffin Creek Water Pollution Control Plant making it the second largest sewage treatment plant in Canada to allow the discharge of 630 million litres of treated effluent daily only 1 km offshore and just 35 km from the intake pipe at Durham Regions Ajax Water Supply Plant

Council Recommendations to the Canadian Government Revise the GLWQA to

1 Include a strong Accountability Framework and provide sustained long-term Capital and Program Funding support

2 Taking a Precautionary Approach to protecting Great Lakes waters from the environmental effects of growth and development in Ontario the only Province affecting the Great Lakes by imposing strict Federal requirements including greater focus on

i) Addressing drinking water quality threats posed by sewage treatment plants by requiring more rigorous assessment processes imposing higher (more protective) environmental standards and using the best possible treatment technologies for both municipal sewage treatment plants (including tertiary ireatment) and water supply plants

ii) Preventing any further increases in the inter-basin transfer of wastewaters as a key step in protecting water quality

iii) Ensuring the list of emerging contaminants is constantly updated and high environmental standards are imposed to curtail their release and

ivY Assessing and mitigating the cumulative impacts of human activity on water quality and the aquatic environment to protect water quality and biodiversity

2) May 11 2009 - Council endorsed a staff report7 with comments on the Provinces Healthy Great Lakes Strong Ontario Discussion Paper as input to a possible Ontario Great Lakes Protection Act The Discussion Paper warned that conditions in the Great Lakes are reaching a tipping point of ill health and reminded that our quality of life depends on restoring the quality and quantity of these at risk freshwaters

Council Recommendations to the Provincial Government

1) Provide the Town with sufficient funding to continue to monitor water quality in Ajaxs storm water system to determine priority areas for storm water retrofit facilities and measures to reduce impacts on the quality ofnearshore water

2) Adopt an Accountability Framework similar to that recommended in the JCs 1jh Biennial Report to ensure effective implementation ofProvincial commitments

7 Town of Ajax Staff Report to General Govemment Committee entitled Comments on Provinces Healthy Great Lakes Strong Ontario dated May 7 2009

Subject International Joint Commission Reports and Recommendations to Protect and P age 110 Improve Great Lakes Water Quality

3) Strongly encourage the Federal Government during negotiations on Federal and Binational Great Lakes-related Treaties and Agreements including the GLWQA to establish sustained reliable sources of funding complemented by scientific research findings to ensure effective actions are taken to improve Great Lakes water quality

4) Lead development of betier more advanced scientific indicators of the health of the Great Lakes support research development and commercialization of new analytical techniques to evaluate water quality and make them readily available at affordable prices at laboratories across Ontario

5) In light of changing climatic conditions in Southern Ontario consult with Conservation Ontario about whether current regulatory flood and erosion standards need to be changed to facilitate better protection of municipal infrastructure property and the natural environment

6) Add stronger more protective water policy language to the Provincial Policy Statement and

7) Increase public education about the Great Lakes and how human activities are affecting these finite freshwaters such as through promotion of greater collaboration with other levels of government and agencies including conservation authorities supported by sufficient sustained funding

Draft Great Lakes Assessment Report by IJC

In November 2011 the IJC also released a Draft Great Lakes Assessment Report for public comment by December 31 2011 The Report was initiated because in recent years the IJC has not been able to comprehensively report on progress as the data needed to develop these reports has not been forwarded by the Federal governments In the absence of regular status reports and as the Canadian and US governments were planning to revise and sign a revised GLWQA in 2012 the IJC chose to try to assess progress made since 1987 (the last time the Agreementwas renewed)

The IJCs Draft Great Lakes Assessment Report focuses in part on how environmental science monitoring and regular reporting of findings are needed to help support sound environmental decision-making When finalized the Report is intended to be a tool to help the public better understand the resources of the Great Lakes Basin and appreciate why it is important to protect this fragile Ecosystem and how individuals and communities can help

Present Water Quality Indicators

To measure changes in the Great Lakes Basin Ecosystem the IJC examined current indicators of water quality in the GLWQA from information provided by government agencies and academic researchers

bull Indicators of Biological Integrity (phosphorus loading contaminants in herring gull eggs whole fish mussels and sediments fish consumption atmospheric deposition)

bull Indicators of Chemical Integrity (beach closingsadvisories aquatic invasive species Burrowing Mayfly density shrimp-like Diporeia populations on lake bottoms and abundance of Lake Sturgeon and Lake Trout) and

Subject International Joint Commission Reports and Recommendations to Protect and P age 111 Improve Great Lakes Water Quality

bull Indicator of Physical Integrity (surface water temperature) The Draft Report identified some progress for example levels of older chemicals had decreased in herring gulls fish and sediments especially from 1987 to 2000 but the trend since 2000 is unknown

Trends Key Findings and Recommendations

Overall trends drawn from available monitoring data and research were mixed The key findings and recommendations are

bull Beach closings due to elevated bacteria levels have remained fairly stable over a 10shyyear reporting period (approx 1998-2007) - roughly 40 of Ontario beaches and 10 of US beaches were closed 10 of the swimming season disease outbreaks related to swimming at beaches are likely under-reported

IJC Recommendation Further refine recreational water quality testing methods require better controls on major pollution sources contributing to beach closings and collect data and establish a centralized swimming-related Outbreak Registry

bull Surface water temperatures are warming - by an annual average increase of about 05degC from 1979 to 2006 undesirable as this promotes algal growth that poses risks to human health and the ecosystem

bull Phosphorus loadings contribute to excessive algal growth in nearshore waters shyincreased loadings of Soluble Reactive Phosphorus (SRP the form of phosphorus that readily helps algae to grow) have been found by monitoring in recent years

IJC Recommendation Improve management controls at sources of Soluble Reactive Phosphorus and continue monitoring of phosphorus loadings

bull Concentrations of Chemicals of Emerging Concern increased considerably from 1987 to 2000 - Concentrations of flame retardants (toxic chemicals known as PBDEs applied to products to make them less flammable) in fish doubled every few years from 1980 to 2000 and have started to stabilize or decline slightly possibly due to voluntary reduction in use

bull Herring gulls - waterbirds that reside year-round in the Great Lakes and eat f ish in contaminated habitat accumulate toxins and experience abnormalities so inputs of chemical concentrations need to be reduced and this monitoring program continued

bull Non-native aquatic species introduced into the Great Lakes have caused dramatic economic and ecological impacts

bull Lake Trout populations almost disappeared from Lake Ontario and most Great Lakes due to overfishing and sea lamprey and remain listed as threatened or endangered species as their populations have not changed measurably and

bull Diporeia - a small shrimp-like crustacean forming the lower end of the aquatic food web that is a food source for many fish but its population has almost disappeared since the zebra and quagga mussel invaSion affecting the distribution abundance growth and condition of fish species including commercially important species

Subject International Joint Commission Reports and Recommendations to Protect and Pa ge 112 Improve Great Lakes Water Quality

Further IJC Recommendations

1) Make programs that monitor measure and report on a meaningful set of core Indicators a priority in ecosystem management and continue during times of budget austerity

2) Support monitoring and assessment efforts along with sound science as the basis for making wiser management decisions and best using limited resources for restoration and protection ofGreat Lakes water quality and

3) Commit to improved monitoring measurements and reporting of both existing and emerging problems

Additionally the IJCs Draft Report emphasizes the need for the Canadian and US Governments to middot

bull renew their focus on reducing nutrient loads into the nearshore zone

bull provide reliable long-term funding for nutrient control programs

bull reinstate monitoring programs and provide regular reports on scientific findings and

bull better understand links between land sources the nearshore zone and offshore waters

Binational Webinar

On March 5 2012 staff joined in a binational public webinar to learn more about possible revisions to the GLWQA from representatives of Environment Canada and the US Environmental Proiection Agency

At the outset of the webinar the benefits of a revised GLWQA were described as being that the Federal governments have heard through public consultation conducted since 2004 the need to make revisions that reflect broader challenges and future impacts facing Great Lakes waters by taking steps to

bull More closely align binational programs bull Place greater emphasis on preventing damage in addition to responding to damage bull Preserve portions of the existing Agreement while undertaking significant streamlining

and bull Clarifying the roles for Provinces States First Nations Metis Tribes and the public

In the webinar presentation it was not specifically stated that revisions will be made to the GLWQA to formalize and clarify the roles of municipalities It was explained that Canadian and US negotiators are considering revising the GLWQA to take the following steps

bull Nutrients Continuing domestic regulatory programs pursuing science on nutrients including the role of Soluble Reactive Phosphorus and the effect of zebra mussels developing binational models for middot nutrient target-setting and continuing research surveillance and monitoring

Subject International Joint Commission Reports and Recommendations to Protect and P age 113 Improve Great Lakes Water Quality

bull Chemicals of Mutual Concern Continuing domestic regulatory programs promoting pollution prevention and binational information exchange and continuing research surveillance and monitoring

bull Habitat and Species Add ing direction to address habitat and species and ecosystem functions as endpoints for water quality management

bull Climate Change Impacts Adding commitments to co-ordinate scientific understanding and capacity building for non-federal partners regarding impacts on the Great Lakes

bull Aquatic Invasive Species Protecting Great Lakes water quality from aquatic invasive species including co-ordination of assessments and rapid response efforts and

bull Opportunities for Enhanced Engagement Expanding the binational Management Table publishing regular progress reports strengthening commitment to consult and co-ordinate and creating a Great Lakes Public Forum

Webinar partiCipants were advised that the proposed Revised GLWQA will undergo a legal review and then be approved by the Canadian and US Governments A Revised GLWQA is expected to be signed in Spring 2012 and subsequent made available to municipalities and the public

Official Plan Policies

In the Ajax Official Plan the Towns dependence on a healthy Great Lakes ecosystem and the water in Lake Ontario to maintain the high quality of life enjoyed in this community is recognized Through recently approved Official Plan Amendment No 38 the Official Plan acknowledges Lake Ontario as the Towns primary source of drinking water and as such states that the Town shall

a) Encourage and support timely effective actions by senior governments the IJC and others to improve and restore the quality of Lake Ontario and other Great Lakes Actions may be undertaken pursuant to treaties and legislation such as the GLWQA as well as new policies legislation and programs to address recurring and emerging concerns such as nutrients invasive species chemical contaminants including pharmaceuticals and personal care products and algal growth 0

~

b) Play an important role in advocating for and implementing water policies and programs based on knowledge of the dynamics of Lake Ontario changing ecological conditions at the landwater interface surface and groundwater regimesand local contaminant sources and

c) Curb contaminant emissions at sources within and near the municipality

In staffs view stronger Federal and Provincial Great Lakes water policy language and more coshyordinated and effective actions supported by reliable sustained financial support from senior governments is needed to support the Towns ongoing water quality studies and actions

FINANCIAL IMPLICATIONS

NA

Subject International Joint Commission Reports and Recommendations to Protect and P a ge 114 Improve Great Lakes Water Quality

COMMUNICATION ISSUES

NA

CONCLUSIONS

The IJCs recent reports describe water quality issues and concerns based on scientific findings being experienced in the nearshore zone along the Towns Waterfront Many of the IJCs recommendations reaffirm those identified in Counci l recommendations to the Federal and Provincial Governments

It is imperative that stronger safeguards and a strong accountability framework with regular reporting to municipalities and the public be key components of the revised Canada-US Great Lakes Water Quality Agreement in order to monitor the progress made toward achieving the shared binational goal of protecting and improving these finite diminishing freshwaters

Similar provisions need to be incorporated into the renewed Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem as well as the Ontario Great Lakes Protection Act now under development in a manner that ensures all governments work co-operatively and effectively to make measurable progress combating 21 sl Century threats to water quality

Therefore it is recommended that this staff report be endorsed

arbara Hodgms MCIP Senior Policy Planner

(~~~Paul A llore MCIP RPP Director of Planning and Development Services

Subject International Joint Commission Reports and Recommendations to Protect and Pa g e l 4 Improve Great Lakes Water Quality

IJC Recommendations

a) Ensure economic-stimulus measures address identified wastewater system needs

b) Effectively link watershed management with the permitting process for municipal and industrial dischargers

c) Use of third-party audits to improve compliance with water quality standards or objectives for the Great Lakes and

d) Encourage adoption and implementation of green infrastructure to complement traditional infrastructure investments

3) In January 2011 the IJCs Biennial Report3 focused on the nearshore zone or water near shorelines which are described as the vital link between watersheds tributaries wetlands groundwater and offshore waters of the Great Lakes It noted that most people in the Great Lakes Basin live near the shore and get their drinking water from the nearshore zone however the nearshore zone is experiencing escalating problems such as beach closings nuisance algal growth invasive species and habitat loss The IJC warned that these problems near shorelines if not addressed can spread into offshore waters

The Report states that water quality problems in the nearshore zone are serious in most areas of the Great Lakes and the need to address them is clear The IJCs findings about beaches and recreational water quality eutrophication and chemicals of emerging concern are outlined below

Beaches and Recreational Water Quality Findings

bull Beaches and recreational waters are critical to the economic and environmental health and the quality of life for residents and visitors in the Great Lakes Basin

bull A co-ordinated nearshore zone framework is needed to understand the nature extent and causes of problems at beaches and in recreational waters and the necessary solutions

bull Approximately 822 beaches are monitored in the Great Lakes Basin A 2007 report4

indicated there were 3000 days of beach closings and advisories in 2005 and that a reduction of beach closures by 20 would result in a $130 to $190 million benefit to the Great Lakes Region

bull In 2009 Environment Canada and the US EPA reported based on scientific findings frorn the 2008 State of the Lakes Ecosystem Conference (SOLEC) that the situation in Canada is poor and deteriorating with an average of only 49 of beaches open frorn 1998 to 2007 They confirmed that respiratory and gastrointestinal illnesses as well as

3 151h Biennial Report on Great Lakes Water Quality prepared by the International Joint Commission January 2011 Link to IJC Website httpwwwiicorgrelboardswatershed15biennial report summary web-finalpdf

4 The Brookings Institution 2007 Healthy Waters Strong Economy The Benefits of Restoring the Great Lakes Ecosystem Weblink wwwbrookingsedureportsI20070904gleiecosystem austiriaspx

Subject International Joint Commission Reports and Recommendations to Protect and Page 15 middotImprove Great Lakes Water Quality

ear and skin symptoms can result from exposure to bacteria in contaminated water Human exposure can come from breathing in pathogens from the water surface ingestion and from skin contact Health reports indicate that respiratory diseases have become more common water-related diseases than gastrointestinal illnesses

bull Point sources of contamination including sewage treatment plants contribute to degraded water quality as do non-point sources including agricultural and urban stormwater discharges carrying untreated waste from pets wild birds and waterfowl In the lower Great Lakes the high concentration of urbanization coupled with extensive and aging infrastructure is worsening the situation

bull Climate change is predicted to bring more severe and frequent storms which will potentially increase erosion of shoreline bluffs increase movement of sediment and contaminants in watersheds and impair water quality and

bull The presence of E coli in the nearshore zone may indicate that other pathogens are also present with much greater con~entrations of E coli and parasites in beach sand More efficient and timely testing methods including microbial source tracking need to be developed to better advise the public about recreational water quality at beaches to prevent water-based illnesses

IJC Recommendation Revise the GLWQA to address Beaches and Recreational Water Quality problems by committing to

a) Oeveloping standardized binational criteria monitoring protocols and reporting for issuing and tracking beach postings and reporting waterborne illnesses

b) Conducting research on new analytical techniques such as microbial source tracking to better identify sources of contaminants polluting recreational waters and

c) Oeveloping testing methods to improve the scientific basis for advisory and closure decisions at beaches in consultation with various levels of government and improving early-warning communication to the public about beach advisories and closures

Eutrophication

Eutrophication is excessive aquatic plant growth due to large amounts of nutrients being released into a water body It can adversely impact human health recreation the economy and ecosystems Eutrophication can degrade habitats reduce fish and wildlife populations and cause taste and odour problems in drinking water gastrointestinal illness in swimmers and beach closings - all of which have economic consequences The IJC found that middot

bull There have been very visible signs of resurging eutrophication in all Great Lakes except Lake Superior in recent years including nuisance Cyanobacteria (blue-green algae) blooms rotting piles of green Cladophora algae on shorelines the return of Microcystis harmful algal blooms re-emergence of avian Botulism and more frequent beach postings or closings

bull Causes of the above-noted problems include inadequate municipal sewage treatment increased runoff from increased impervious urban surfaces and agricultural land

Subject International Joint Commission Reports and Recommendations to Protect and Page l S Improve Great Lakes Water Quality

increased loadings of dissolved or soluble reactive phosphorus ecosystem changes from invasive mussels and impacts from climate change including warmer water and more frequent and intense precipitation and stormwater events

bull Both urban and agricultural sources of nutrients and other contaminants must be addressed to improve nearshore water quality

bull Cladophora algae and other algal growth appear to be promoted by loadings of phosphorus discharged from tributaries and other sources including sewage treatment plants The release of Soluble Reactive Phosphorus (SRP) into receiving waters promotes algal growth faster than phosphorus in a particulate form and

bull Phosphorus concentrations may be higher in the nearshore zone and lower in offshore water because zebra mussels change particulate phosphorus into SRP that is recycled in the nearshore and may also be transported into offshore waters

IJC Recommendation Revised the GLWQA to reduce Eutrophication by

a) Developing new or improved models to improve estimates of phosphorus loadings from tributaries and other sources and establishing phosphorus concentration targets for the nearshore zone and offshore waters

b) Requesting that the IJC conduct a binational scientific investigation into the causes of nuisance and harmful algal growth from land use activities in order to identify links between land use algal problems and associated ecosystem changes

c) Implementing a revised GLWQA taking No Regrets management actions using an Adaptive Management Six-Step Approach (refer to Figure 1) to better retain nutrients and sediment on the land No Regrets management actions refers to various ways of reducing use and application of phosphorus promoting more efficient use of nutrients in rural and urban communities and reducing discharges and runoff such as by promoting reduced seWage treatment plant discharges by optimizing plant operations (significant reductions can be attained without significant capital inputs) establishing riparian buffers and retrofitting green infrastructure and

d) Developing maintaining and sharing an inventory of effective No Regrets management techniques and programs to promote evolve and sustain their use

Figure 1 - Six-Step Adaptive Management Cycle

Subject International Joint Commission Reports and Recommendations to Protect and Pagel7 Improve Great Lakes Water Quality

Chemicals of Emerging Concem

The October 2011 IJC Report focused on the need for the US and Canada to approve a revised GLWQA that addresses threats to water quality to prevent or reduce their irnpact on human and ecological health middot Beach closings harmful algal growth contaminated groundwater and alien invasive species are described as threats of greatest concern in the nearshore zone where most people live and get their drinking water and which provide vital habitat for fish and wildlife

The IJC Report explained that the term Chemicals of Emerging Concern refers to peoples emerging awareness of the presence of many unregulated or inadequately regulated chemicals in the environment that may pose health risks to humans and ecosystems The Report indicated that the existing GLWQA does not include policies to deal with Chemicals of Emerging Concern stating

Tens of thousands of industrial substances are currently in use in the United States and Canada Yet relatively few of them have regulations governing their release into the environment and a large percentage has not been thoroughly evaluated for their effects on human health and the environment When toxic substance laws came into effect the vast majority (by volume) of these products were grandfathered into regulated commerce and the burden of demonstrating their risks and demonstrating the need for action fell on government agencies Even when regulatory criteria do exist they were developed based on the best available science at the time and may neglect important considerations for which there were scientific data gaps such as bioconcentration via different pathways and consideration of other toxicity endpoints

Chemicals of Emerging Concern are found in common household and personal care products veterinary middot drugs and human pharmaceuticals flame retardants and phthalates (used to make plastic flexible) It is reported that some chemicals are accumulating in middot sediments fish birds and other aquatic life and gaps in scientific monitoring and knowledge about their bioaccumulation and impacts on health need to be filled

The IJC Report confirms that sewage treatment plants are primary sources releasing Chemicals of Emerging Concern into the nearshore zone and the plants are not designed to remove all of them This has also been confirmed in the findings of recently published research along the Ajax waterfronts Notably the existing GLWQA is silent on this issue

IJC Recommendation Revise the GLWQA to address the substantial threat posed by Chemicals of Emerging Concern - not only to the health of aquatic environments but also to humans - by acting efficiently and effectively to

a) Provide advanced equipment and resources to monitor and evaluate the many Chemicals of Emerging Concern in the environment (eg combine and align existing programs augment existing programs and establish new ones) and produce exposure and effects information

5 Helm PA Howell E Todd et aI Influence of nearshore dynamics on the distribution of organic wastewatershyassociated chemicals in Lake Ontario detenmined using passive samplers Journal of Great Lakes Researchers (2012) doi 101 016f)jglr20120100S

Subject International Joint Commission Reports and Recommendations to Protect and Pagel8 Improve Great Lakes Water Quality

b) Advance the development of wastewater treatment technologies that improve the detection control removal and destruction of Chemicals of Emerging Concern

c) Add principles and processes requiring the Federal governments to prioritize categories of chemicals to address rather than compiling a long list of specific chemicals which would rapidly become outdated and place more emphasis on gaining knowledge and understanding ofhuman health effects ofmajor categories of these chemicals

d) Identify optimal risk management strategies including replacing traditional chemical design production and consumption with green chemistry principles advocating the design of products and processes that minimize the use and generation of hazardous substances supported by market and regulatory tools that will motivate industry to invest in green chemistry and the use design and production ofsafer chemicals and materials

e) Establish a common transparent and easily accessible repository for monitoring data that can be used to assess management options and

f) Provide incentives and educational programs to encourage industry agriculture and consumers to develop and use environmentally-friendly alternative products to reduce the production and consumption ofchemicals ofemerging concern

The Report confirms that the nearshore zone is particularly vulnerable to Chemicals of Emerging Concern that enter water from sewage (examples cosmetics pharmaceuticals and possibly nanomaterials) agricultural runoff (pesticides and veterinary products) landfill leachate and the atmosphere because most loading occurs there especially because sewage treatment plants are not designed to destroy or remove Chemicals of Emerging Concern It concludes that current and emerging threats to human health include substances and problems ranging from algal blooms to materials from consumer products

The IJC also warned the Federal Governments that the revised GLWQA will be critically flawed unless it also makes explicit the goal of protecting human health

Council Resolutions

During the GLWQA review Council sent several resolutions and staff reports to the Federal and Provincial governments identifying concern about deteriorating water quality in nearshore Lake Ontario along the Ajax waterfront and recommending actions aimed at resolving recurring and emerging issues

1) July 9 2007 - Council endorsed the staff report6 on the GLWQA review process supporting a strong Accountability Framework recommended by the IJC and expressing concern about nearshore zone problems along the Ajax Waterfront

bull Lost Swimmability - from visible changes such as frequent beach postings

bull Lost Physical Environmental Integrity Economic Viability and Tourism - from smelly decaying Cladophora algae coating the shoreline during summer months

Town of Ajax Staff Report to General Government Committee entitled Review of the Great Lakes Water Quality Agreement-Update Report dated July 52007

Subject International Joint Commission Reports and Recommendations to Protect and Paget9 Improve Great Lakes Water Quality

bull Lost Value - the above undermining many years of investment by the Town in the Ajax Waterfront and

bull Less Obvious Less Visible Threats - accruing from doubling of the capacity of York and Durham Regions Duffin Creek Water Pollution Control Plant making it the second largest sewage treatment plant in Canada to allow the discharge of 630 million litres of treated effluent daily only 1 km offshore and just 35 km from the intake pipe at Durham Regions Ajax Water Supply Plant

Council Recommendations to the Canadian Government Revise the GLWQA to

1 Include a strong Accountability Framework and provide sustained long-term Capital and Program Funding support

2 Taking a Precautionary Approach to protecting Great Lakes waters from the environmental effects of growth and development in Ontario the only Province affecting the Great Lakes by imposing strict Federal requirements including greater focus on

i) Addressing drinking water quality threats posed by sewage treatment plants by requiring more rigorous assessment processes imposing higher (more protective) environmental standards and using the best possible treatment technologies for both municipal sewage treatment plants (including tertiary ireatment) and water supply plants

ii) Preventing any further increases in the inter-basin transfer of wastewaters as a key step in protecting water quality

iii) Ensuring the list of emerging contaminants is constantly updated and high environmental standards are imposed to curtail their release and

ivY Assessing and mitigating the cumulative impacts of human activity on water quality and the aquatic environment to protect water quality and biodiversity

2) May 11 2009 - Council endorsed a staff report7 with comments on the Provinces Healthy Great Lakes Strong Ontario Discussion Paper as input to a possible Ontario Great Lakes Protection Act The Discussion Paper warned that conditions in the Great Lakes are reaching a tipping point of ill health and reminded that our quality of life depends on restoring the quality and quantity of these at risk freshwaters

Council Recommendations to the Provincial Government

1) Provide the Town with sufficient funding to continue to monitor water quality in Ajaxs storm water system to determine priority areas for storm water retrofit facilities and measures to reduce impacts on the quality ofnearshore water

2) Adopt an Accountability Framework similar to that recommended in the JCs 1jh Biennial Report to ensure effective implementation ofProvincial commitments

7 Town of Ajax Staff Report to General Govemment Committee entitled Comments on Provinces Healthy Great Lakes Strong Ontario dated May 7 2009

Subject International Joint Commission Reports and Recommendations to Protect and P age 110 Improve Great Lakes Water Quality

3) Strongly encourage the Federal Government during negotiations on Federal and Binational Great Lakes-related Treaties and Agreements including the GLWQA to establish sustained reliable sources of funding complemented by scientific research findings to ensure effective actions are taken to improve Great Lakes water quality

4) Lead development of betier more advanced scientific indicators of the health of the Great Lakes support research development and commercialization of new analytical techniques to evaluate water quality and make them readily available at affordable prices at laboratories across Ontario

5) In light of changing climatic conditions in Southern Ontario consult with Conservation Ontario about whether current regulatory flood and erosion standards need to be changed to facilitate better protection of municipal infrastructure property and the natural environment

6) Add stronger more protective water policy language to the Provincial Policy Statement and

7) Increase public education about the Great Lakes and how human activities are affecting these finite freshwaters such as through promotion of greater collaboration with other levels of government and agencies including conservation authorities supported by sufficient sustained funding

Draft Great Lakes Assessment Report by IJC

In November 2011 the IJC also released a Draft Great Lakes Assessment Report for public comment by December 31 2011 The Report was initiated because in recent years the IJC has not been able to comprehensively report on progress as the data needed to develop these reports has not been forwarded by the Federal governments In the absence of regular status reports and as the Canadian and US governments were planning to revise and sign a revised GLWQA in 2012 the IJC chose to try to assess progress made since 1987 (the last time the Agreementwas renewed)

The IJCs Draft Great Lakes Assessment Report focuses in part on how environmental science monitoring and regular reporting of findings are needed to help support sound environmental decision-making When finalized the Report is intended to be a tool to help the public better understand the resources of the Great Lakes Basin and appreciate why it is important to protect this fragile Ecosystem and how individuals and communities can help

Present Water Quality Indicators

To measure changes in the Great Lakes Basin Ecosystem the IJC examined current indicators of water quality in the GLWQA from information provided by government agencies and academic researchers

bull Indicators of Biological Integrity (phosphorus loading contaminants in herring gull eggs whole fish mussels and sediments fish consumption atmospheric deposition)

bull Indicators of Chemical Integrity (beach closingsadvisories aquatic invasive species Burrowing Mayfly density shrimp-like Diporeia populations on lake bottoms and abundance of Lake Sturgeon and Lake Trout) and

Subject International Joint Commission Reports and Recommendations to Protect and P age 111 Improve Great Lakes Water Quality

bull Indicator of Physical Integrity (surface water temperature) The Draft Report identified some progress for example levels of older chemicals had decreased in herring gulls fish and sediments especially from 1987 to 2000 but the trend since 2000 is unknown

Trends Key Findings and Recommendations

Overall trends drawn from available monitoring data and research were mixed The key findings and recommendations are

bull Beach closings due to elevated bacteria levels have remained fairly stable over a 10shyyear reporting period (approx 1998-2007) - roughly 40 of Ontario beaches and 10 of US beaches were closed 10 of the swimming season disease outbreaks related to swimming at beaches are likely under-reported

IJC Recommendation Further refine recreational water quality testing methods require better controls on major pollution sources contributing to beach closings and collect data and establish a centralized swimming-related Outbreak Registry

bull Surface water temperatures are warming - by an annual average increase of about 05degC from 1979 to 2006 undesirable as this promotes algal growth that poses risks to human health and the ecosystem

bull Phosphorus loadings contribute to excessive algal growth in nearshore waters shyincreased loadings of Soluble Reactive Phosphorus (SRP the form of phosphorus that readily helps algae to grow) have been found by monitoring in recent years

IJC Recommendation Improve management controls at sources of Soluble Reactive Phosphorus and continue monitoring of phosphorus loadings

bull Concentrations of Chemicals of Emerging Concern increased considerably from 1987 to 2000 - Concentrations of flame retardants (toxic chemicals known as PBDEs applied to products to make them less flammable) in fish doubled every few years from 1980 to 2000 and have started to stabilize or decline slightly possibly due to voluntary reduction in use

bull Herring gulls - waterbirds that reside year-round in the Great Lakes and eat f ish in contaminated habitat accumulate toxins and experience abnormalities so inputs of chemical concentrations need to be reduced and this monitoring program continued

bull Non-native aquatic species introduced into the Great Lakes have caused dramatic economic and ecological impacts

bull Lake Trout populations almost disappeared from Lake Ontario and most Great Lakes due to overfishing and sea lamprey and remain listed as threatened or endangered species as their populations have not changed measurably and

bull Diporeia - a small shrimp-like crustacean forming the lower end of the aquatic food web that is a food source for many fish but its population has almost disappeared since the zebra and quagga mussel invaSion affecting the distribution abundance growth and condition of fish species including commercially important species

Subject International Joint Commission Reports and Recommendations to Protect and Pa ge 112 Improve Great Lakes Water Quality

Further IJC Recommendations

1) Make programs that monitor measure and report on a meaningful set of core Indicators a priority in ecosystem management and continue during times of budget austerity

2) Support monitoring and assessment efforts along with sound science as the basis for making wiser management decisions and best using limited resources for restoration and protection ofGreat Lakes water quality and

3) Commit to improved monitoring measurements and reporting of both existing and emerging problems

Additionally the IJCs Draft Report emphasizes the need for the Canadian and US Governments to middot

bull renew their focus on reducing nutrient loads into the nearshore zone

bull provide reliable long-term funding for nutrient control programs

bull reinstate monitoring programs and provide regular reports on scientific findings and

bull better understand links between land sources the nearshore zone and offshore waters

Binational Webinar

On March 5 2012 staff joined in a binational public webinar to learn more about possible revisions to the GLWQA from representatives of Environment Canada and the US Environmental Proiection Agency

At the outset of the webinar the benefits of a revised GLWQA were described as being that the Federal governments have heard through public consultation conducted since 2004 the need to make revisions that reflect broader challenges and future impacts facing Great Lakes waters by taking steps to

bull More closely align binational programs bull Place greater emphasis on preventing damage in addition to responding to damage bull Preserve portions of the existing Agreement while undertaking significant streamlining

and bull Clarifying the roles for Provinces States First Nations Metis Tribes and the public

In the webinar presentation it was not specifically stated that revisions will be made to the GLWQA to formalize and clarify the roles of municipalities It was explained that Canadian and US negotiators are considering revising the GLWQA to take the following steps

bull Nutrients Continuing domestic regulatory programs pursuing science on nutrients including the role of Soluble Reactive Phosphorus and the effect of zebra mussels developing binational models for middot nutrient target-setting and continuing research surveillance and monitoring

Subject International Joint Commission Reports and Recommendations to Protect and P age 113 Improve Great Lakes Water Quality

bull Chemicals of Mutual Concern Continuing domestic regulatory programs promoting pollution prevention and binational information exchange and continuing research surveillance and monitoring

bull Habitat and Species Add ing direction to address habitat and species and ecosystem functions as endpoints for water quality management

bull Climate Change Impacts Adding commitments to co-ordinate scientific understanding and capacity building for non-federal partners regarding impacts on the Great Lakes

bull Aquatic Invasive Species Protecting Great Lakes water quality from aquatic invasive species including co-ordination of assessments and rapid response efforts and

bull Opportunities for Enhanced Engagement Expanding the binational Management Table publishing regular progress reports strengthening commitment to consult and co-ordinate and creating a Great Lakes Public Forum

Webinar partiCipants were advised that the proposed Revised GLWQA will undergo a legal review and then be approved by the Canadian and US Governments A Revised GLWQA is expected to be signed in Spring 2012 and subsequent made available to municipalities and the public

Official Plan Policies

In the Ajax Official Plan the Towns dependence on a healthy Great Lakes ecosystem and the water in Lake Ontario to maintain the high quality of life enjoyed in this community is recognized Through recently approved Official Plan Amendment No 38 the Official Plan acknowledges Lake Ontario as the Towns primary source of drinking water and as such states that the Town shall

a) Encourage and support timely effective actions by senior governments the IJC and others to improve and restore the quality of Lake Ontario and other Great Lakes Actions may be undertaken pursuant to treaties and legislation such as the GLWQA as well as new policies legislation and programs to address recurring and emerging concerns such as nutrients invasive species chemical contaminants including pharmaceuticals and personal care products and algal growth 0

~

b) Play an important role in advocating for and implementing water policies and programs based on knowledge of the dynamics of Lake Ontario changing ecological conditions at the landwater interface surface and groundwater regimesand local contaminant sources and

c) Curb contaminant emissions at sources within and near the municipality

In staffs view stronger Federal and Provincial Great Lakes water policy language and more coshyordinated and effective actions supported by reliable sustained financial support from senior governments is needed to support the Towns ongoing water quality studies and actions

FINANCIAL IMPLICATIONS

NA

Subject International Joint Commission Reports and Recommendations to Protect and P a ge 114 Improve Great Lakes Water Quality

COMMUNICATION ISSUES

NA

CONCLUSIONS

The IJCs recent reports describe water quality issues and concerns based on scientific findings being experienced in the nearshore zone along the Towns Waterfront Many of the IJCs recommendations reaffirm those identified in Counci l recommendations to the Federal and Provincial Governments

It is imperative that stronger safeguards and a strong accountability framework with regular reporting to municipalities and the public be key components of the revised Canada-US Great Lakes Water Quality Agreement in order to monitor the progress made toward achieving the shared binational goal of protecting and improving these finite diminishing freshwaters

Similar provisions need to be incorporated into the renewed Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem as well as the Ontario Great Lakes Protection Act now under development in a manner that ensures all governments work co-operatively and effectively to make measurable progress combating 21 sl Century threats to water quality

Therefore it is recommended that this staff report be endorsed

arbara Hodgms MCIP Senior Policy Planner

(~~~Paul A llore MCIP RPP Director of Planning and Development Services

Subject International Joint Commission Reports and Recommendations to Protect and Page 15 middotImprove Great Lakes Water Quality

ear and skin symptoms can result from exposure to bacteria in contaminated water Human exposure can come from breathing in pathogens from the water surface ingestion and from skin contact Health reports indicate that respiratory diseases have become more common water-related diseases than gastrointestinal illnesses

bull Point sources of contamination including sewage treatment plants contribute to degraded water quality as do non-point sources including agricultural and urban stormwater discharges carrying untreated waste from pets wild birds and waterfowl In the lower Great Lakes the high concentration of urbanization coupled with extensive and aging infrastructure is worsening the situation

bull Climate change is predicted to bring more severe and frequent storms which will potentially increase erosion of shoreline bluffs increase movement of sediment and contaminants in watersheds and impair water quality and

bull The presence of E coli in the nearshore zone may indicate that other pathogens are also present with much greater con~entrations of E coli and parasites in beach sand More efficient and timely testing methods including microbial source tracking need to be developed to better advise the public about recreational water quality at beaches to prevent water-based illnesses

IJC Recommendation Revise the GLWQA to address Beaches and Recreational Water Quality problems by committing to

a) Oeveloping standardized binational criteria monitoring protocols and reporting for issuing and tracking beach postings and reporting waterborne illnesses

b) Conducting research on new analytical techniques such as microbial source tracking to better identify sources of contaminants polluting recreational waters and

c) Oeveloping testing methods to improve the scientific basis for advisory and closure decisions at beaches in consultation with various levels of government and improving early-warning communication to the public about beach advisories and closures

Eutrophication

Eutrophication is excessive aquatic plant growth due to large amounts of nutrients being released into a water body It can adversely impact human health recreation the economy and ecosystems Eutrophication can degrade habitats reduce fish and wildlife populations and cause taste and odour problems in drinking water gastrointestinal illness in swimmers and beach closings - all of which have economic consequences The IJC found that middot

bull There have been very visible signs of resurging eutrophication in all Great Lakes except Lake Superior in recent years including nuisance Cyanobacteria (blue-green algae) blooms rotting piles of green Cladophora algae on shorelines the return of Microcystis harmful algal blooms re-emergence of avian Botulism and more frequent beach postings or closings

bull Causes of the above-noted problems include inadequate municipal sewage treatment increased runoff from increased impervious urban surfaces and agricultural land

Subject International Joint Commission Reports and Recommendations to Protect and Page l S Improve Great Lakes Water Quality

increased loadings of dissolved or soluble reactive phosphorus ecosystem changes from invasive mussels and impacts from climate change including warmer water and more frequent and intense precipitation and stormwater events

bull Both urban and agricultural sources of nutrients and other contaminants must be addressed to improve nearshore water quality

bull Cladophora algae and other algal growth appear to be promoted by loadings of phosphorus discharged from tributaries and other sources including sewage treatment plants The release of Soluble Reactive Phosphorus (SRP) into receiving waters promotes algal growth faster than phosphorus in a particulate form and

bull Phosphorus concentrations may be higher in the nearshore zone and lower in offshore water because zebra mussels change particulate phosphorus into SRP that is recycled in the nearshore and may also be transported into offshore waters

IJC Recommendation Revised the GLWQA to reduce Eutrophication by

a) Developing new or improved models to improve estimates of phosphorus loadings from tributaries and other sources and establishing phosphorus concentration targets for the nearshore zone and offshore waters

b) Requesting that the IJC conduct a binational scientific investigation into the causes of nuisance and harmful algal growth from land use activities in order to identify links between land use algal problems and associated ecosystem changes

c) Implementing a revised GLWQA taking No Regrets management actions using an Adaptive Management Six-Step Approach (refer to Figure 1) to better retain nutrients and sediment on the land No Regrets management actions refers to various ways of reducing use and application of phosphorus promoting more efficient use of nutrients in rural and urban communities and reducing discharges and runoff such as by promoting reduced seWage treatment plant discharges by optimizing plant operations (significant reductions can be attained without significant capital inputs) establishing riparian buffers and retrofitting green infrastructure and

d) Developing maintaining and sharing an inventory of effective No Regrets management techniques and programs to promote evolve and sustain their use

Figure 1 - Six-Step Adaptive Management Cycle

Subject International Joint Commission Reports and Recommendations to Protect and Pagel7 Improve Great Lakes Water Quality

Chemicals of Emerging Concem

The October 2011 IJC Report focused on the need for the US and Canada to approve a revised GLWQA that addresses threats to water quality to prevent or reduce their irnpact on human and ecological health middot Beach closings harmful algal growth contaminated groundwater and alien invasive species are described as threats of greatest concern in the nearshore zone where most people live and get their drinking water and which provide vital habitat for fish and wildlife

The IJC Report explained that the term Chemicals of Emerging Concern refers to peoples emerging awareness of the presence of many unregulated or inadequately regulated chemicals in the environment that may pose health risks to humans and ecosystems The Report indicated that the existing GLWQA does not include policies to deal with Chemicals of Emerging Concern stating

Tens of thousands of industrial substances are currently in use in the United States and Canada Yet relatively few of them have regulations governing their release into the environment and a large percentage has not been thoroughly evaluated for their effects on human health and the environment When toxic substance laws came into effect the vast majority (by volume) of these products were grandfathered into regulated commerce and the burden of demonstrating their risks and demonstrating the need for action fell on government agencies Even when regulatory criteria do exist they were developed based on the best available science at the time and may neglect important considerations for which there were scientific data gaps such as bioconcentration via different pathways and consideration of other toxicity endpoints

Chemicals of Emerging Concern are found in common household and personal care products veterinary middot drugs and human pharmaceuticals flame retardants and phthalates (used to make plastic flexible) It is reported that some chemicals are accumulating in middot sediments fish birds and other aquatic life and gaps in scientific monitoring and knowledge about their bioaccumulation and impacts on health need to be filled

The IJC Report confirms that sewage treatment plants are primary sources releasing Chemicals of Emerging Concern into the nearshore zone and the plants are not designed to remove all of them This has also been confirmed in the findings of recently published research along the Ajax waterfronts Notably the existing GLWQA is silent on this issue

IJC Recommendation Revise the GLWQA to address the substantial threat posed by Chemicals of Emerging Concern - not only to the health of aquatic environments but also to humans - by acting efficiently and effectively to

a) Provide advanced equipment and resources to monitor and evaluate the many Chemicals of Emerging Concern in the environment (eg combine and align existing programs augment existing programs and establish new ones) and produce exposure and effects information

5 Helm PA Howell E Todd et aI Influence of nearshore dynamics on the distribution of organic wastewatershyassociated chemicals in Lake Ontario detenmined using passive samplers Journal of Great Lakes Researchers (2012) doi 101 016f)jglr20120100S

Subject International Joint Commission Reports and Recommendations to Protect and Pagel8 Improve Great Lakes Water Quality

b) Advance the development of wastewater treatment technologies that improve the detection control removal and destruction of Chemicals of Emerging Concern

c) Add principles and processes requiring the Federal governments to prioritize categories of chemicals to address rather than compiling a long list of specific chemicals which would rapidly become outdated and place more emphasis on gaining knowledge and understanding ofhuman health effects ofmajor categories of these chemicals

d) Identify optimal risk management strategies including replacing traditional chemical design production and consumption with green chemistry principles advocating the design of products and processes that minimize the use and generation of hazardous substances supported by market and regulatory tools that will motivate industry to invest in green chemistry and the use design and production ofsafer chemicals and materials

e) Establish a common transparent and easily accessible repository for monitoring data that can be used to assess management options and

f) Provide incentives and educational programs to encourage industry agriculture and consumers to develop and use environmentally-friendly alternative products to reduce the production and consumption ofchemicals ofemerging concern

The Report confirms that the nearshore zone is particularly vulnerable to Chemicals of Emerging Concern that enter water from sewage (examples cosmetics pharmaceuticals and possibly nanomaterials) agricultural runoff (pesticides and veterinary products) landfill leachate and the atmosphere because most loading occurs there especially because sewage treatment plants are not designed to destroy or remove Chemicals of Emerging Concern It concludes that current and emerging threats to human health include substances and problems ranging from algal blooms to materials from consumer products

The IJC also warned the Federal Governments that the revised GLWQA will be critically flawed unless it also makes explicit the goal of protecting human health

Council Resolutions

During the GLWQA review Council sent several resolutions and staff reports to the Federal and Provincial governments identifying concern about deteriorating water quality in nearshore Lake Ontario along the Ajax waterfront and recommending actions aimed at resolving recurring and emerging issues

1) July 9 2007 - Council endorsed the staff report6 on the GLWQA review process supporting a strong Accountability Framework recommended by the IJC and expressing concern about nearshore zone problems along the Ajax Waterfront

bull Lost Swimmability - from visible changes such as frequent beach postings

bull Lost Physical Environmental Integrity Economic Viability and Tourism - from smelly decaying Cladophora algae coating the shoreline during summer months

Town of Ajax Staff Report to General Government Committee entitled Review of the Great Lakes Water Quality Agreement-Update Report dated July 52007

Subject International Joint Commission Reports and Recommendations to Protect and Paget9 Improve Great Lakes Water Quality

bull Lost Value - the above undermining many years of investment by the Town in the Ajax Waterfront and

bull Less Obvious Less Visible Threats - accruing from doubling of the capacity of York and Durham Regions Duffin Creek Water Pollution Control Plant making it the second largest sewage treatment plant in Canada to allow the discharge of 630 million litres of treated effluent daily only 1 km offshore and just 35 km from the intake pipe at Durham Regions Ajax Water Supply Plant

Council Recommendations to the Canadian Government Revise the GLWQA to

1 Include a strong Accountability Framework and provide sustained long-term Capital and Program Funding support

2 Taking a Precautionary Approach to protecting Great Lakes waters from the environmental effects of growth and development in Ontario the only Province affecting the Great Lakes by imposing strict Federal requirements including greater focus on

i) Addressing drinking water quality threats posed by sewage treatment plants by requiring more rigorous assessment processes imposing higher (more protective) environmental standards and using the best possible treatment technologies for both municipal sewage treatment plants (including tertiary ireatment) and water supply plants

ii) Preventing any further increases in the inter-basin transfer of wastewaters as a key step in protecting water quality

iii) Ensuring the list of emerging contaminants is constantly updated and high environmental standards are imposed to curtail their release and

ivY Assessing and mitigating the cumulative impacts of human activity on water quality and the aquatic environment to protect water quality and biodiversity

2) May 11 2009 - Council endorsed a staff report7 with comments on the Provinces Healthy Great Lakes Strong Ontario Discussion Paper as input to a possible Ontario Great Lakes Protection Act The Discussion Paper warned that conditions in the Great Lakes are reaching a tipping point of ill health and reminded that our quality of life depends on restoring the quality and quantity of these at risk freshwaters

Council Recommendations to the Provincial Government

1) Provide the Town with sufficient funding to continue to monitor water quality in Ajaxs storm water system to determine priority areas for storm water retrofit facilities and measures to reduce impacts on the quality ofnearshore water

2) Adopt an Accountability Framework similar to that recommended in the JCs 1jh Biennial Report to ensure effective implementation ofProvincial commitments

7 Town of Ajax Staff Report to General Govemment Committee entitled Comments on Provinces Healthy Great Lakes Strong Ontario dated May 7 2009

Subject International Joint Commission Reports and Recommendations to Protect and P age 110 Improve Great Lakes Water Quality

3) Strongly encourage the Federal Government during negotiations on Federal and Binational Great Lakes-related Treaties and Agreements including the GLWQA to establish sustained reliable sources of funding complemented by scientific research findings to ensure effective actions are taken to improve Great Lakes water quality

4) Lead development of betier more advanced scientific indicators of the health of the Great Lakes support research development and commercialization of new analytical techniques to evaluate water quality and make them readily available at affordable prices at laboratories across Ontario

5) In light of changing climatic conditions in Southern Ontario consult with Conservation Ontario about whether current regulatory flood and erosion standards need to be changed to facilitate better protection of municipal infrastructure property and the natural environment

6) Add stronger more protective water policy language to the Provincial Policy Statement and

7) Increase public education about the Great Lakes and how human activities are affecting these finite freshwaters such as through promotion of greater collaboration with other levels of government and agencies including conservation authorities supported by sufficient sustained funding

Draft Great Lakes Assessment Report by IJC

In November 2011 the IJC also released a Draft Great Lakes Assessment Report for public comment by December 31 2011 The Report was initiated because in recent years the IJC has not been able to comprehensively report on progress as the data needed to develop these reports has not been forwarded by the Federal governments In the absence of regular status reports and as the Canadian and US governments were planning to revise and sign a revised GLWQA in 2012 the IJC chose to try to assess progress made since 1987 (the last time the Agreementwas renewed)

The IJCs Draft Great Lakes Assessment Report focuses in part on how environmental science monitoring and regular reporting of findings are needed to help support sound environmental decision-making When finalized the Report is intended to be a tool to help the public better understand the resources of the Great Lakes Basin and appreciate why it is important to protect this fragile Ecosystem and how individuals and communities can help

Present Water Quality Indicators

To measure changes in the Great Lakes Basin Ecosystem the IJC examined current indicators of water quality in the GLWQA from information provided by government agencies and academic researchers

bull Indicators of Biological Integrity (phosphorus loading contaminants in herring gull eggs whole fish mussels and sediments fish consumption atmospheric deposition)

bull Indicators of Chemical Integrity (beach closingsadvisories aquatic invasive species Burrowing Mayfly density shrimp-like Diporeia populations on lake bottoms and abundance of Lake Sturgeon and Lake Trout) and

Subject International Joint Commission Reports and Recommendations to Protect and P age 111 Improve Great Lakes Water Quality

bull Indicator of Physical Integrity (surface water temperature) The Draft Report identified some progress for example levels of older chemicals had decreased in herring gulls fish and sediments especially from 1987 to 2000 but the trend since 2000 is unknown

Trends Key Findings and Recommendations

Overall trends drawn from available monitoring data and research were mixed The key findings and recommendations are

bull Beach closings due to elevated bacteria levels have remained fairly stable over a 10shyyear reporting period (approx 1998-2007) - roughly 40 of Ontario beaches and 10 of US beaches were closed 10 of the swimming season disease outbreaks related to swimming at beaches are likely under-reported

IJC Recommendation Further refine recreational water quality testing methods require better controls on major pollution sources contributing to beach closings and collect data and establish a centralized swimming-related Outbreak Registry

bull Surface water temperatures are warming - by an annual average increase of about 05degC from 1979 to 2006 undesirable as this promotes algal growth that poses risks to human health and the ecosystem

bull Phosphorus loadings contribute to excessive algal growth in nearshore waters shyincreased loadings of Soluble Reactive Phosphorus (SRP the form of phosphorus that readily helps algae to grow) have been found by monitoring in recent years

IJC Recommendation Improve management controls at sources of Soluble Reactive Phosphorus and continue monitoring of phosphorus loadings

bull Concentrations of Chemicals of Emerging Concern increased considerably from 1987 to 2000 - Concentrations of flame retardants (toxic chemicals known as PBDEs applied to products to make them less flammable) in fish doubled every few years from 1980 to 2000 and have started to stabilize or decline slightly possibly due to voluntary reduction in use

bull Herring gulls - waterbirds that reside year-round in the Great Lakes and eat f ish in contaminated habitat accumulate toxins and experience abnormalities so inputs of chemical concentrations need to be reduced and this monitoring program continued

bull Non-native aquatic species introduced into the Great Lakes have caused dramatic economic and ecological impacts

bull Lake Trout populations almost disappeared from Lake Ontario and most Great Lakes due to overfishing and sea lamprey and remain listed as threatened or endangered species as their populations have not changed measurably and

bull Diporeia - a small shrimp-like crustacean forming the lower end of the aquatic food web that is a food source for many fish but its population has almost disappeared since the zebra and quagga mussel invaSion affecting the distribution abundance growth and condition of fish species including commercially important species

Subject International Joint Commission Reports and Recommendations to Protect and Pa ge 112 Improve Great Lakes Water Quality

Further IJC Recommendations

1) Make programs that monitor measure and report on a meaningful set of core Indicators a priority in ecosystem management and continue during times of budget austerity

2) Support monitoring and assessment efforts along with sound science as the basis for making wiser management decisions and best using limited resources for restoration and protection ofGreat Lakes water quality and

3) Commit to improved monitoring measurements and reporting of both existing and emerging problems

Additionally the IJCs Draft Report emphasizes the need for the Canadian and US Governments to middot

bull renew their focus on reducing nutrient loads into the nearshore zone

bull provide reliable long-term funding for nutrient control programs

bull reinstate monitoring programs and provide regular reports on scientific findings and

bull better understand links between land sources the nearshore zone and offshore waters

Binational Webinar

On March 5 2012 staff joined in a binational public webinar to learn more about possible revisions to the GLWQA from representatives of Environment Canada and the US Environmental Proiection Agency

At the outset of the webinar the benefits of a revised GLWQA were described as being that the Federal governments have heard through public consultation conducted since 2004 the need to make revisions that reflect broader challenges and future impacts facing Great Lakes waters by taking steps to

bull More closely align binational programs bull Place greater emphasis on preventing damage in addition to responding to damage bull Preserve portions of the existing Agreement while undertaking significant streamlining

and bull Clarifying the roles for Provinces States First Nations Metis Tribes and the public

In the webinar presentation it was not specifically stated that revisions will be made to the GLWQA to formalize and clarify the roles of municipalities It was explained that Canadian and US negotiators are considering revising the GLWQA to take the following steps

bull Nutrients Continuing domestic regulatory programs pursuing science on nutrients including the role of Soluble Reactive Phosphorus and the effect of zebra mussels developing binational models for middot nutrient target-setting and continuing research surveillance and monitoring

Subject International Joint Commission Reports and Recommendations to Protect and P age 113 Improve Great Lakes Water Quality

bull Chemicals of Mutual Concern Continuing domestic regulatory programs promoting pollution prevention and binational information exchange and continuing research surveillance and monitoring

bull Habitat and Species Add ing direction to address habitat and species and ecosystem functions as endpoints for water quality management

bull Climate Change Impacts Adding commitments to co-ordinate scientific understanding and capacity building for non-federal partners regarding impacts on the Great Lakes

bull Aquatic Invasive Species Protecting Great Lakes water quality from aquatic invasive species including co-ordination of assessments and rapid response efforts and

bull Opportunities for Enhanced Engagement Expanding the binational Management Table publishing regular progress reports strengthening commitment to consult and co-ordinate and creating a Great Lakes Public Forum

Webinar partiCipants were advised that the proposed Revised GLWQA will undergo a legal review and then be approved by the Canadian and US Governments A Revised GLWQA is expected to be signed in Spring 2012 and subsequent made available to municipalities and the public

Official Plan Policies

In the Ajax Official Plan the Towns dependence on a healthy Great Lakes ecosystem and the water in Lake Ontario to maintain the high quality of life enjoyed in this community is recognized Through recently approved Official Plan Amendment No 38 the Official Plan acknowledges Lake Ontario as the Towns primary source of drinking water and as such states that the Town shall

a) Encourage and support timely effective actions by senior governments the IJC and others to improve and restore the quality of Lake Ontario and other Great Lakes Actions may be undertaken pursuant to treaties and legislation such as the GLWQA as well as new policies legislation and programs to address recurring and emerging concerns such as nutrients invasive species chemical contaminants including pharmaceuticals and personal care products and algal growth 0

~

b) Play an important role in advocating for and implementing water policies and programs based on knowledge of the dynamics of Lake Ontario changing ecological conditions at the landwater interface surface and groundwater regimesand local contaminant sources and

c) Curb contaminant emissions at sources within and near the municipality

In staffs view stronger Federal and Provincial Great Lakes water policy language and more coshyordinated and effective actions supported by reliable sustained financial support from senior governments is needed to support the Towns ongoing water quality studies and actions

FINANCIAL IMPLICATIONS

NA

Subject International Joint Commission Reports and Recommendations to Protect and P a ge 114 Improve Great Lakes Water Quality

COMMUNICATION ISSUES

NA

CONCLUSIONS

The IJCs recent reports describe water quality issues and concerns based on scientific findings being experienced in the nearshore zone along the Towns Waterfront Many of the IJCs recommendations reaffirm those identified in Counci l recommendations to the Federal and Provincial Governments

It is imperative that stronger safeguards and a strong accountability framework with regular reporting to municipalities and the public be key components of the revised Canada-US Great Lakes Water Quality Agreement in order to monitor the progress made toward achieving the shared binational goal of protecting and improving these finite diminishing freshwaters

Similar provisions need to be incorporated into the renewed Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem as well as the Ontario Great Lakes Protection Act now under development in a manner that ensures all governments work co-operatively and effectively to make measurable progress combating 21 sl Century threats to water quality

Therefore it is recommended that this staff report be endorsed

arbara Hodgms MCIP Senior Policy Planner

(~~~Paul A llore MCIP RPP Director of Planning and Development Services

Subject International Joint Commission Reports and Recommendations to Protect and Page l S Improve Great Lakes Water Quality

increased loadings of dissolved or soluble reactive phosphorus ecosystem changes from invasive mussels and impacts from climate change including warmer water and more frequent and intense precipitation and stormwater events

bull Both urban and agricultural sources of nutrients and other contaminants must be addressed to improve nearshore water quality

bull Cladophora algae and other algal growth appear to be promoted by loadings of phosphorus discharged from tributaries and other sources including sewage treatment plants The release of Soluble Reactive Phosphorus (SRP) into receiving waters promotes algal growth faster than phosphorus in a particulate form and

bull Phosphorus concentrations may be higher in the nearshore zone and lower in offshore water because zebra mussels change particulate phosphorus into SRP that is recycled in the nearshore and may also be transported into offshore waters

IJC Recommendation Revised the GLWQA to reduce Eutrophication by

a) Developing new or improved models to improve estimates of phosphorus loadings from tributaries and other sources and establishing phosphorus concentration targets for the nearshore zone and offshore waters

b) Requesting that the IJC conduct a binational scientific investigation into the causes of nuisance and harmful algal growth from land use activities in order to identify links between land use algal problems and associated ecosystem changes

c) Implementing a revised GLWQA taking No Regrets management actions using an Adaptive Management Six-Step Approach (refer to Figure 1) to better retain nutrients and sediment on the land No Regrets management actions refers to various ways of reducing use and application of phosphorus promoting more efficient use of nutrients in rural and urban communities and reducing discharges and runoff such as by promoting reduced seWage treatment plant discharges by optimizing plant operations (significant reductions can be attained without significant capital inputs) establishing riparian buffers and retrofitting green infrastructure and

d) Developing maintaining and sharing an inventory of effective No Regrets management techniques and programs to promote evolve and sustain their use

Figure 1 - Six-Step Adaptive Management Cycle

Subject International Joint Commission Reports and Recommendations to Protect and Pagel7 Improve Great Lakes Water Quality

Chemicals of Emerging Concem

The October 2011 IJC Report focused on the need for the US and Canada to approve a revised GLWQA that addresses threats to water quality to prevent or reduce their irnpact on human and ecological health middot Beach closings harmful algal growth contaminated groundwater and alien invasive species are described as threats of greatest concern in the nearshore zone where most people live and get their drinking water and which provide vital habitat for fish and wildlife

The IJC Report explained that the term Chemicals of Emerging Concern refers to peoples emerging awareness of the presence of many unregulated or inadequately regulated chemicals in the environment that may pose health risks to humans and ecosystems The Report indicated that the existing GLWQA does not include policies to deal with Chemicals of Emerging Concern stating

Tens of thousands of industrial substances are currently in use in the United States and Canada Yet relatively few of them have regulations governing their release into the environment and a large percentage has not been thoroughly evaluated for their effects on human health and the environment When toxic substance laws came into effect the vast majority (by volume) of these products were grandfathered into regulated commerce and the burden of demonstrating their risks and demonstrating the need for action fell on government agencies Even when regulatory criteria do exist they were developed based on the best available science at the time and may neglect important considerations for which there were scientific data gaps such as bioconcentration via different pathways and consideration of other toxicity endpoints

Chemicals of Emerging Concern are found in common household and personal care products veterinary middot drugs and human pharmaceuticals flame retardants and phthalates (used to make plastic flexible) It is reported that some chemicals are accumulating in middot sediments fish birds and other aquatic life and gaps in scientific monitoring and knowledge about their bioaccumulation and impacts on health need to be filled

The IJC Report confirms that sewage treatment plants are primary sources releasing Chemicals of Emerging Concern into the nearshore zone and the plants are not designed to remove all of them This has also been confirmed in the findings of recently published research along the Ajax waterfronts Notably the existing GLWQA is silent on this issue

IJC Recommendation Revise the GLWQA to address the substantial threat posed by Chemicals of Emerging Concern - not only to the health of aquatic environments but also to humans - by acting efficiently and effectively to

a) Provide advanced equipment and resources to monitor and evaluate the many Chemicals of Emerging Concern in the environment (eg combine and align existing programs augment existing programs and establish new ones) and produce exposure and effects information

5 Helm PA Howell E Todd et aI Influence of nearshore dynamics on the distribution of organic wastewatershyassociated chemicals in Lake Ontario detenmined using passive samplers Journal of Great Lakes Researchers (2012) doi 101 016f)jglr20120100S

Subject International Joint Commission Reports and Recommendations to Protect and Pagel8 Improve Great Lakes Water Quality

b) Advance the development of wastewater treatment technologies that improve the detection control removal and destruction of Chemicals of Emerging Concern

c) Add principles and processes requiring the Federal governments to prioritize categories of chemicals to address rather than compiling a long list of specific chemicals which would rapidly become outdated and place more emphasis on gaining knowledge and understanding ofhuman health effects ofmajor categories of these chemicals

d) Identify optimal risk management strategies including replacing traditional chemical design production and consumption with green chemistry principles advocating the design of products and processes that minimize the use and generation of hazardous substances supported by market and regulatory tools that will motivate industry to invest in green chemistry and the use design and production ofsafer chemicals and materials

e) Establish a common transparent and easily accessible repository for monitoring data that can be used to assess management options and

f) Provide incentives and educational programs to encourage industry agriculture and consumers to develop and use environmentally-friendly alternative products to reduce the production and consumption ofchemicals ofemerging concern

The Report confirms that the nearshore zone is particularly vulnerable to Chemicals of Emerging Concern that enter water from sewage (examples cosmetics pharmaceuticals and possibly nanomaterials) agricultural runoff (pesticides and veterinary products) landfill leachate and the atmosphere because most loading occurs there especially because sewage treatment plants are not designed to destroy or remove Chemicals of Emerging Concern It concludes that current and emerging threats to human health include substances and problems ranging from algal blooms to materials from consumer products

The IJC also warned the Federal Governments that the revised GLWQA will be critically flawed unless it also makes explicit the goal of protecting human health

Council Resolutions

During the GLWQA review Council sent several resolutions and staff reports to the Federal and Provincial governments identifying concern about deteriorating water quality in nearshore Lake Ontario along the Ajax waterfront and recommending actions aimed at resolving recurring and emerging issues

1) July 9 2007 - Council endorsed the staff report6 on the GLWQA review process supporting a strong Accountability Framework recommended by the IJC and expressing concern about nearshore zone problems along the Ajax Waterfront

bull Lost Swimmability - from visible changes such as frequent beach postings

bull Lost Physical Environmental Integrity Economic Viability and Tourism - from smelly decaying Cladophora algae coating the shoreline during summer months

Town of Ajax Staff Report to General Government Committee entitled Review of the Great Lakes Water Quality Agreement-Update Report dated July 52007

Subject International Joint Commission Reports and Recommendations to Protect and Paget9 Improve Great Lakes Water Quality

bull Lost Value - the above undermining many years of investment by the Town in the Ajax Waterfront and

bull Less Obvious Less Visible Threats - accruing from doubling of the capacity of York and Durham Regions Duffin Creek Water Pollution Control Plant making it the second largest sewage treatment plant in Canada to allow the discharge of 630 million litres of treated effluent daily only 1 km offshore and just 35 km from the intake pipe at Durham Regions Ajax Water Supply Plant

Council Recommendations to the Canadian Government Revise the GLWQA to

1 Include a strong Accountability Framework and provide sustained long-term Capital and Program Funding support

2 Taking a Precautionary Approach to protecting Great Lakes waters from the environmental effects of growth and development in Ontario the only Province affecting the Great Lakes by imposing strict Federal requirements including greater focus on

i) Addressing drinking water quality threats posed by sewage treatment plants by requiring more rigorous assessment processes imposing higher (more protective) environmental standards and using the best possible treatment technologies for both municipal sewage treatment plants (including tertiary ireatment) and water supply plants

ii) Preventing any further increases in the inter-basin transfer of wastewaters as a key step in protecting water quality

iii) Ensuring the list of emerging contaminants is constantly updated and high environmental standards are imposed to curtail their release and

ivY Assessing and mitigating the cumulative impacts of human activity on water quality and the aquatic environment to protect water quality and biodiversity

2) May 11 2009 - Council endorsed a staff report7 with comments on the Provinces Healthy Great Lakes Strong Ontario Discussion Paper as input to a possible Ontario Great Lakes Protection Act The Discussion Paper warned that conditions in the Great Lakes are reaching a tipping point of ill health and reminded that our quality of life depends on restoring the quality and quantity of these at risk freshwaters

Council Recommendations to the Provincial Government

1) Provide the Town with sufficient funding to continue to monitor water quality in Ajaxs storm water system to determine priority areas for storm water retrofit facilities and measures to reduce impacts on the quality ofnearshore water

2) Adopt an Accountability Framework similar to that recommended in the JCs 1jh Biennial Report to ensure effective implementation ofProvincial commitments

7 Town of Ajax Staff Report to General Govemment Committee entitled Comments on Provinces Healthy Great Lakes Strong Ontario dated May 7 2009

Subject International Joint Commission Reports and Recommendations to Protect and P age 110 Improve Great Lakes Water Quality

3) Strongly encourage the Federal Government during negotiations on Federal and Binational Great Lakes-related Treaties and Agreements including the GLWQA to establish sustained reliable sources of funding complemented by scientific research findings to ensure effective actions are taken to improve Great Lakes water quality

4) Lead development of betier more advanced scientific indicators of the health of the Great Lakes support research development and commercialization of new analytical techniques to evaluate water quality and make them readily available at affordable prices at laboratories across Ontario

5) In light of changing climatic conditions in Southern Ontario consult with Conservation Ontario about whether current regulatory flood and erosion standards need to be changed to facilitate better protection of municipal infrastructure property and the natural environment

6) Add stronger more protective water policy language to the Provincial Policy Statement and

7) Increase public education about the Great Lakes and how human activities are affecting these finite freshwaters such as through promotion of greater collaboration with other levels of government and agencies including conservation authorities supported by sufficient sustained funding

Draft Great Lakes Assessment Report by IJC

In November 2011 the IJC also released a Draft Great Lakes Assessment Report for public comment by December 31 2011 The Report was initiated because in recent years the IJC has not been able to comprehensively report on progress as the data needed to develop these reports has not been forwarded by the Federal governments In the absence of regular status reports and as the Canadian and US governments were planning to revise and sign a revised GLWQA in 2012 the IJC chose to try to assess progress made since 1987 (the last time the Agreementwas renewed)

The IJCs Draft Great Lakes Assessment Report focuses in part on how environmental science monitoring and regular reporting of findings are needed to help support sound environmental decision-making When finalized the Report is intended to be a tool to help the public better understand the resources of the Great Lakes Basin and appreciate why it is important to protect this fragile Ecosystem and how individuals and communities can help

Present Water Quality Indicators

To measure changes in the Great Lakes Basin Ecosystem the IJC examined current indicators of water quality in the GLWQA from information provided by government agencies and academic researchers

bull Indicators of Biological Integrity (phosphorus loading contaminants in herring gull eggs whole fish mussels and sediments fish consumption atmospheric deposition)

bull Indicators of Chemical Integrity (beach closingsadvisories aquatic invasive species Burrowing Mayfly density shrimp-like Diporeia populations on lake bottoms and abundance of Lake Sturgeon and Lake Trout) and

Subject International Joint Commission Reports and Recommendations to Protect and P age 111 Improve Great Lakes Water Quality

bull Indicator of Physical Integrity (surface water temperature) The Draft Report identified some progress for example levels of older chemicals had decreased in herring gulls fish and sediments especially from 1987 to 2000 but the trend since 2000 is unknown

Trends Key Findings and Recommendations

Overall trends drawn from available monitoring data and research were mixed The key findings and recommendations are

bull Beach closings due to elevated bacteria levels have remained fairly stable over a 10shyyear reporting period (approx 1998-2007) - roughly 40 of Ontario beaches and 10 of US beaches were closed 10 of the swimming season disease outbreaks related to swimming at beaches are likely under-reported

IJC Recommendation Further refine recreational water quality testing methods require better controls on major pollution sources contributing to beach closings and collect data and establish a centralized swimming-related Outbreak Registry

bull Surface water temperatures are warming - by an annual average increase of about 05degC from 1979 to 2006 undesirable as this promotes algal growth that poses risks to human health and the ecosystem

bull Phosphorus loadings contribute to excessive algal growth in nearshore waters shyincreased loadings of Soluble Reactive Phosphorus (SRP the form of phosphorus that readily helps algae to grow) have been found by monitoring in recent years

IJC Recommendation Improve management controls at sources of Soluble Reactive Phosphorus and continue monitoring of phosphorus loadings

bull Concentrations of Chemicals of Emerging Concern increased considerably from 1987 to 2000 - Concentrations of flame retardants (toxic chemicals known as PBDEs applied to products to make them less flammable) in fish doubled every few years from 1980 to 2000 and have started to stabilize or decline slightly possibly due to voluntary reduction in use

bull Herring gulls - waterbirds that reside year-round in the Great Lakes and eat f ish in contaminated habitat accumulate toxins and experience abnormalities so inputs of chemical concentrations need to be reduced and this monitoring program continued

bull Non-native aquatic species introduced into the Great Lakes have caused dramatic economic and ecological impacts

bull Lake Trout populations almost disappeared from Lake Ontario and most Great Lakes due to overfishing and sea lamprey and remain listed as threatened or endangered species as their populations have not changed measurably and

bull Diporeia - a small shrimp-like crustacean forming the lower end of the aquatic food web that is a food source for many fish but its population has almost disappeared since the zebra and quagga mussel invaSion affecting the distribution abundance growth and condition of fish species including commercially important species

Subject International Joint Commission Reports and Recommendations to Protect and Pa ge 112 Improve Great Lakes Water Quality

Further IJC Recommendations

1) Make programs that monitor measure and report on a meaningful set of core Indicators a priority in ecosystem management and continue during times of budget austerity

2) Support monitoring and assessment efforts along with sound science as the basis for making wiser management decisions and best using limited resources for restoration and protection ofGreat Lakes water quality and

3) Commit to improved monitoring measurements and reporting of both existing and emerging problems

Additionally the IJCs Draft Report emphasizes the need for the Canadian and US Governments to middot

bull renew their focus on reducing nutrient loads into the nearshore zone

bull provide reliable long-term funding for nutrient control programs

bull reinstate monitoring programs and provide regular reports on scientific findings and

bull better understand links between land sources the nearshore zone and offshore waters

Binational Webinar

On March 5 2012 staff joined in a binational public webinar to learn more about possible revisions to the GLWQA from representatives of Environment Canada and the US Environmental Proiection Agency

At the outset of the webinar the benefits of a revised GLWQA were described as being that the Federal governments have heard through public consultation conducted since 2004 the need to make revisions that reflect broader challenges and future impacts facing Great Lakes waters by taking steps to

bull More closely align binational programs bull Place greater emphasis on preventing damage in addition to responding to damage bull Preserve portions of the existing Agreement while undertaking significant streamlining

and bull Clarifying the roles for Provinces States First Nations Metis Tribes and the public

In the webinar presentation it was not specifically stated that revisions will be made to the GLWQA to formalize and clarify the roles of municipalities It was explained that Canadian and US negotiators are considering revising the GLWQA to take the following steps

bull Nutrients Continuing domestic regulatory programs pursuing science on nutrients including the role of Soluble Reactive Phosphorus and the effect of zebra mussels developing binational models for middot nutrient target-setting and continuing research surveillance and monitoring

Subject International Joint Commission Reports and Recommendations to Protect and P age 113 Improve Great Lakes Water Quality

bull Chemicals of Mutual Concern Continuing domestic regulatory programs promoting pollution prevention and binational information exchange and continuing research surveillance and monitoring

bull Habitat and Species Add ing direction to address habitat and species and ecosystem functions as endpoints for water quality management

bull Climate Change Impacts Adding commitments to co-ordinate scientific understanding and capacity building for non-federal partners regarding impacts on the Great Lakes

bull Aquatic Invasive Species Protecting Great Lakes water quality from aquatic invasive species including co-ordination of assessments and rapid response efforts and

bull Opportunities for Enhanced Engagement Expanding the binational Management Table publishing regular progress reports strengthening commitment to consult and co-ordinate and creating a Great Lakes Public Forum

Webinar partiCipants were advised that the proposed Revised GLWQA will undergo a legal review and then be approved by the Canadian and US Governments A Revised GLWQA is expected to be signed in Spring 2012 and subsequent made available to municipalities and the public

Official Plan Policies

In the Ajax Official Plan the Towns dependence on a healthy Great Lakes ecosystem and the water in Lake Ontario to maintain the high quality of life enjoyed in this community is recognized Through recently approved Official Plan Amendment No 38 the Official Plan acknowledges Lake Ontario as the Towns primary source of drinking water and as such states that the Town shall

a) Encourage and support timely effective actions by senior governments the IJC and others to improve and restore the quality of Lake Ontario and other Great Lakes Actions may be undertaken pursuant to treaties and legislation such as the GLWQA as well as new policies legislation and programs to address recurring and emerging concerns such as nutrients invasive species chemical contaminants including pharmaceuticals and personal care products and algal growth 0

~

b) Play an important role in advocating for and implementing water policies and programs based on knowledge of the dynamics of Lake Ontario changing ecological conditions at the landwater interface surface and groundwater regimesand local contaminant sources and

c) Curb contaminant emissions at sources within and near the municipality

In staffs view stronger Federal and Provincial Great Lakes water policy language and more coshyordinated and effective actions supported by reliable sustained financial support from senior governments is needed to support the Towns ongoing water quality studies and actions

FINANCIAL IMPLICATIONS

NA

Subject International Joint Commission Reports and Recommendations to Protect and P a ge 114 Improve Great Lakes Water Quality

COMMUNICATION ISSUES

NA

CONCLUSIONS

The IJCs recent reports describe water quality issues and concerns based on scientific findings being experienced in the nearshore zone along the Towns Waterfront Many of the IJCs recommendations reaffirm those identified in Counci l recommendations to the Federal and Provincial Governments

It is imperative that stronger safeguards and a strong accountability framework with regular reporting to municipalities and the public be key components of the revised Canada-US Great Lakes Water Quality Agreement in order to monitor the progress made toward achieving the shared binational goal of protecting and improving these finite diminishing freshwaters

Similar provisions need to be incorporated into the renewed Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem as well as the Ontario Great Lakes Protection Act now under development in a manner that ensures all governments work co-operatively and effectively to make measurable progress combating 21 sl Century threats to water quality

Therefore it is recommended that this staff report be endorsed

arbara Hodgms MCIP Senior Policy Planner

(~~~Paul A llore MCIP RPP Director of Planning and Development Services

Subject International Joint Commission Reports and Recommendations to Protect and Pagel7 Improve Great Lakes Water Quality

Chemicals of Emerging Concem

The October 2011 IJC Report focused on the need for the US and Canada to approve a revised GLWQA that addresses threats to water quality to prevent or reduce their irnpact on human and ecological health middot Beach closings harmful algal growth contaminated groundwater and alien invasive species are described as threats of greatest concern in the nearshore zone where most people live and get their drinking water and which provide vital habitat for fish and wildlife

The IJC Report explained that the term Chemicals of Emerging Concern refers to peoples emerging awareness of the presence of many unregulated or inadequately regulated chemicals in the environment that may pose health risks to humans and ecosystems The Report indicated that the existing GLWQA does not include policies to deal with Chemicals of Emerging Concern stating

Tens of thousands of industrial substances are currently in use in the United States and Canada Yet relatively few of them have regulations governing their release into the environment and a large percentage has not been thoroughly evaluated for their effects on human health and the environment When toxic substance laws came into effect the vast majority (by volume) of these products were grandfathered into regulated commerce and the burden of demonstrating their risks and demonstrating the need for action fell on government agencies Even when regulatory criteria do exist they were developed based on the best available science at the time and may neglect important considerations for which there were scientific data gaps such as bioconcentration via different pathways and consideration of other toxicity endpoints

Chemicals of Emerging Concern are found in common household and personal care products veterinary middot drugs and human pharmaceuticals flame retardants and phthalates (used to make plastic flexible) It is reported that some chemicals are accumulating in middot sediments fish birds and other aquatic life and gaps in scientific monitoring and knowledge about their bioaccumulation and impacts on health need to be filled

The IJC Report confirms that sewage treatment plants are primary sources releasing Chemicals of Emerging Concern into the nearshore zone and the plants are not designed to remove all of them This has also been confirmed in the findings of recently published research along the Ajax waterfronts Notably the existing GLWQA is silent on this issue

IJC Recommendation Revise the GLWQA to address the substantial threat posed by Chemicals of Emerging Concern - not only to the health of aquatic environments but also to humans - by acting efficiently and effectively to

a) Provide advanced equipment and resources to monitor and evaluate the many Chemicals of Emerging Concern in the environment (eg combine and align existing programs augment existing programs and establish new ones) and produce exposure and effects information

5 Helm PA Howell E Todd et aI Influence of nearshore dynamics on the distribution of organic wastewatershyassociated chemicals in Lake Ontario detenmined using passive samplers Journal of Great Lakes Researchers (2012) doi 101 016f)jglr20120100S

Subject International Joint Commission Reports and Recommendations to Protect and Pagel8 Improve Great Lakes Water Quality

b) Advance the development of wastewater treatment technologies that improve the detection control removal and destruction of Chemicals of Emerging Concern

c) Add principles and processes requiring the Federal governments to prioritize categories of chemicals to address rather than compiling a long list of specific chemicals which would rapidly become outdated and place more emphasis on gaining knowledge and understanding ofhuman health effects ofmajor categories of these chemicals

d) Identify optimal risk management strategies including replacing traditional chemical design production and consumption with green chemistry principles advocating the design of products and processes that minimize the use and generation of hazardous substances supported by market and regulatory tools that will motivate industry to invest in green chemistry and the use design and production ofsafer chemicals and materials

e) Establish a common transparent and easily accessible repository for monitoring data that can be used to assess management options and

f) Provide incentives and educational programs to encourage industry agriculture and consumers to develop and use environmentally-friendly alternative products to reduce the production and consumption ofchemicals ofemerging concern

The Report confirms that the nearshore zone is particularly vulnerable to Chemicals of Emerging Concern that enter water from sewage (examples cosmetics pharmaceuticals and possibly nanomaterials) agricultural runoff (pesticides and veterinary products) landfill leachate and the atmosphere because most loading occurs there especially because sewage treatment plants are not designed to destroy or remove Chemicals of Emerging Concern It concludes that current and emerging threats to human health include substances and problems ranging from algal blooms to materials from consumer products

The IJC also warned the Federal Governments that the revised GLWQA will be critically flawed unless it also makes explicit the goal of protecting human health

Council Resolutions

During the GLWQA review Council sent several resolutions and staff reports to the Federal and Provincial governments identifying concern about deteriorating water quality in nearshore Lake Ontario along the Ajax waterfront and recommending actions aimed at resolving recurring and emerging issues

1) July 9 2007 - Council endorsed the staff report6 on the GLWQA review process supporting a strong Accountability Framework recommended by the IJC and expressing concern about nearshore zone problems along the Ajax Waterfront

bull Lost Swimmability - from visible changes such as frequent beach postings

bull Lost Physical Environmental Integrity Economic Viability and Tourism - from smelly decaying Cladophora algae coating the shoreline during summer months

Town of Ajax Staff Report to General Government Committee entitled Review of the Great Lakes Water Quality Agreement-Update Report dated July 52007

Subject International Joint Commission Reports and Recommendations to Protect and Paget9 Improve Great Lakes Water Quality

bull Lost Value - the above undermining many years of investment by the Town in the Ajax Waterfront and

bull Less Obvious Less Visible Threats - accruing from doubling of the capacity of York and Durham Regions Duffin Creek Water Pollution Control Plant making it the second largest sewage treatment plant in Canada to allow the discharge of 630 million litres of treated effluent daily only 1 km offshore and just 35 km from the intake pipe at Durham Regions Ajax Water Supply Plant

Council Recommendations to the Canadian Government Revise the GLWQA to

1 Include a strong Accountability Framework and provide sustained long-term Capital and Program Funding support

2 Taking a Precautionary Approach to protecting Great Lakes waters from the environmental effects of growth and development in Ontario the only Province affecting the Great Lakes by imposing strict Federal requirements including greater focus on

i) Addressing drinking water quality threats posed by sewage treatment plants by requiring more rigorous assessment processes imposing higher (more protective) environmental standards and using the best possible treatment technologies for both municipal sewage treatment plants (including tertiary ireatment) and water supply plants

ii) Preventing any further increases in the inter-basin transfer of wastewaters as a key step in protecting water quality

iii) Ensuring the list of emerging contaminants is constantly updated and high environmental standards are imposed to curtail their release and

ivY Assessing and mitigating the cumulative impacts of human activity on water quality and the aquatic environment to protect water quality and biodiversity

2) May 11 2009 - Council endorsed a staff report7 with comments on the Provinces Healthy Great Lakes Strong Ontario Discussion Paper as input to a possible Ontario Great Lakes Protection Act The Discussion Paper warned that conditions in the Great Lakes are reaching a tipping point of ill health and reminded that our quality of life depends on restoring the quality and quantity of these at risk freshwaters

Council Recommendations to the Provincial Government

1) Provide the Town with sufficient funding to continue to monitor water quality in Ajaxs storm water system to determine priority areas for storm water retrofit facilities and measures to reduce impacts on the quality ofnearshore water

2) Adopt an Accountability Framework similar to that recommended in the JCs 1jh Biennial Report to ensure effective implementation ofProvincial commitments

7 Town of Ajax Staff Report to General Govemment Committee entitled Comments on Provinces Healthy Great Lakes Strong Ontario dated May 7 2009

Subject International Joint Commission Reports and Recommendations to Protect and P age 110 Improve Great Lakes Water Quality

3) Strongly encourage the Federal Government during negotiations on Federal and Binational Great Lakes-related Treaties and Agreements including the GLWQA to establish sustained reliable sources of funding complemented by scientific research findings to ensure effective actions are taken to improve Great Lakes water quality

4) Lead development of betier more advanced scientific indicators of the health of the Great Lakes support research development and commercialization of new analytical techniques to evaluate water quality and make them readily available at affordable prices at laboratories across Ontario

5) In light of changing climatic conditions in Southern Ontario consult with Conservation Ontario about whether current regulatory flood and erosion standards need to be changed to facilitate better protection of municipal infrastructure property and the natural environment

6) Add stronger more protective water policy language to the Provincial Policy Statement and

7) Increase public education about the Great Lakes and how human activities are affecting these finite freshwaters such as through promotion of greater collaboration with other levels of government and agencies including conservation authorities supported by sufficient sustained funding

Draft Great Lakes Assessment Report by IJC

In November 2011 the IJC also released a Draft Great Lakes Assessment Report for public comment by December 31 2011 The Report was initiated because in recent years the IJC has not been able to comprehensively report on progress as the data needed to develop these reports has not been forwarded by the Federal governments In the absence of regular status reports and as the Canadian and US governments were planning to revise and sign a revised GLWQA in 2012 the IJC chose to try to assess progress made since 1987 (the last time the Agreementwas renewed)

The IJCs Draft Great Lakes Assessment Report focuses in part on how environmental science monitoring and regular reporting of findings are needed to help support sound environmental decision-making When finalized the Report is intended to be a tool to help the public better understand the resources of the Great Lakes Basin and appreciate why it is important to protect this fragile Ecosystem and how individuals and communities can help

Present Water Quality Indicators

To measure changes in the Great Lakes Basin Ecosystem the IJC examined current indicators of water quality in the GLWQA from information provided by government agencies and academic researchers

bull Indicators of Biological Integrity (phosphorus loading contaminants in herring gull eggs whole fish mussels and sediments fish consumption atmospheric deposition)

bull Indicators of Chemical Integrity (beach closingsadvisories aquatic invasive species Burrowing Mayfly density shrimp-like Diporeia populations on lake bottoms and abundance of Lake Sturgeon and Lake Trout) and

Subject International Joint Commission Reports and Recommendations to Protect and P age 111 Improve Great Lakes Water Quality

bull Indicator of Physical Integrity (surface water temperature) The Draft Report identified some progress for example levels of older chemicals had decreased in herring gulls fish and sediments especially from 1987 to 2000 but the trend since 2000 is unknown

Trends Key Findings and Recommendations

Overall trends drawn from available monitoring data and research were mixed The key findings and recommendations are

bull Beach closings due to elevated bacteria levels have remained fairly stable over a 10shyyear reporting period (approx 1998-2007) - roughly 40 of Ontario beaches and 10 of US beaches were closed 10 of the swimming season disease outbreaks related to swimming at beaches are likely under-reported

IJC Recommendation Further refine recreational water quality testing methods require better controls on major pollution sources contributing to beach closings and collect data and establish a centralized swimming-related Outbreak Registry

bull Surface water temperatures are warming - by an annual average increase of about 05degC from 1979 to 2006 undesirable as this promotes algal growth that poses risks to human health and the ecosystem

bull Phosphorus loadings contribute to excessive algal growth in nearshore waters shyincreased loadings of Soluble Reactive Phosphorus (SRP the form of phosphorus that readily helps algae to grow) have been found by monitoring in recent years

IJC Recommendation Improve management controls at sources of Soluble Reactive Phosphorus and continue monitoring of phosphorus loadings

bull Concentrations of Chemicals of Emerging Concern increased considerably from 1987 to 2000 - Concentrations of flame retardants (toxic chemicals known as PBDEs applied to products to make them less flammable) in fish doubled every few years from 1980 to 2000 and have started to stabilize or decline slightly possibly due to voluntary reduction in use

bull Herring gulls - waterbirds that reside year-round in the Great Lakes and eat f ish in contaminated habitat accumulate toxins and experience abnormalities so inputs of chemical concentrations need to be reduced and this monitoring program continued

bull Non-native aquatic species introduced into the Great Lakes have caused dramatic economic and ecological impacts

bull Lake Trout populations almost disappeared from Lake Ontario and most Great Lakes due to overfishing and sea lamprey and remain listed as threatened or endangered species as their populations have not changed measurably and

bull Diporeia - a small shrimp-like crustacean forming the lower end of the aquatic food web that is a food source for many fish but its population has almost disappeared since the zebra and quagga mussel invaSion affecting the distribution abundance growth and condition of fish species including commercially important species

Subject International Joint Commission Reports and Recommendations to Protect and Pa ge 112 Improve Great Lakes Water Quality

Further IJC Recommendations

1) Make programs that monitor measure and report on a meaningful set of core Indicators a priority in ecosystem management and continue during times of budget austerity

2) Support monitoring and assessment efforts along with sound science as the basis for making wiser management decisions and best using limited resources for restoration and protection ofGreat Lakes water quality and

3) Commit to improved monitoring measurements and reporting of both existing and emerging problems

Additionally the IJCs Draft Report emphasizes the need for the Canadian and US Governments to middot

bull renew their focus on reducing nutrient loads into the nearshore zone

bull provide reliable long-term funding for nutrient control programs

bull reinstate monitoring programs and provide regular reports on scientific findings and

bull better understand links between land sources the nearshore zone and offshore waters

Binational Webinar

On March 5 2012 staff joined in a binational public webinar to learn more about possible revisions to the GLWQA from representatives of Environment Canada and the US Environmental Proiection Agency

At the outset of the webinar the benefits of a revised GLWQA were described as being that the Federal governments have heard through public consultation conducted since 2004 the need to make revisions that reflect broader challenges and future impacts facing Great Lakes waters by taking steps to

bull More closely align binational programs bull Place greater emphasis on preventing damage in addition to responding to damage bull Preserve portions of the existing Agreement while undertaking significant streamlining

and bull Clarifying the roles for Provinces States First Nations Metis Tribes and the public

In the webinar presentation it was not specifically stated that revisions will be made to the GLWQA to formalize and clarify the roles of municipalities It was explained that Canadian and US negotiators are considering revising the GLWQA to take the following steps

bull Nutrients Continuing domestic regulatory programs pursuing science on nutrients including the role of Soluble Reactive Phosphorus and the effect of zebra mussels developing binational models for middot nutrient target-setting and continuing research surveillance and monitoring

Subject International Joint Commission Reports and Recommendations to Protect and P age 113 Improve Great Lakes Water Quality

bull Chemicals of Mutual Concern Continuing domestic regulatory programs promoting pollution prevention and binational information exchange and continuing research surveillance and monitoring

bull Habitat and Species Add ing direction to address habitat and species and ecosystem functions as endpoints for water quality management

bull Climate Change Impacts Adding commitments to co-ordinate scientific understanding and capacity building for non-federal partners regarding impacts on the Great Lakes

bull Aquatic Invasive Species Protecting Great Lakes water quality from aquatic invasive species including co-ordination of assessments and rapid response efforts and

bull Opportunities for Enhanced Engagement Expanding the binational Management Table publishing regular progress reports strengthening commitment to consult and co-ordinate and creating a Great Lakes Public Forum

Webinar partiCipants were advised that the proposed Revised GLWQA will undergo a legal review and then be approved by the Canadian and US Governments A Revised GLWQA is expected to be signed in Spring 2012 and subsequent made available to municipalities and the public

Official Plan Policies

In the Ajax Official Plan the Towns dependence on a healthy Great Lakes ecosystem and the water in Lake Ontario to maintain the high quality of life enjoyed in this community is recognized Through recently approved Official Plan Amendment No 38 the Official Plan acknowledges Lake Ontario as the Towns primary source of drinking water and as such states that the Town shall

a) Encourage and support timely effective actions by senior governments the IJC and others to improve and restore the quality of Lake Ontario and other Great Lakes Actions may be undertaken pursuant to treaties and legislation such as the GLWQA as well as new policies legislation and programs to address recurring and emerging concerns such as nutrients invasive species chemical contaminants including pharmaceuticals and personal care products and algal growth 0

~

b) Play an important role in advocating for and implementing water policies and programs based on knowledge of the dynamics of Lake Ontario changing ecological conditions at the landwater interface surface and groundwater regimesand local contaminant sources and

c) Curb contaminant emissions at sources within and near the municipality

In staffs view stronger Federal and Provincial Great Lakes water policy language and more coshyordinated and effective actions supported by reliable sustained financial support from senior governments is needed to support the Towns ongoing water quality studies and actions

FINANCIAL IMPLICATIONS

NA

Subject International Joint Commission Reports and Recommendations to Protect and P a ge 114 Improve Great Lakes Water Quality

COMMUNICATION ISSUES

NA

CONCLUSIONS

The IJCs recent reports describe water quality issues and concerns based on scientific findings being experienced in the nearshore zone along the Towns Waterfront Many of the IJCs recommendations reaffirm those identified in Counci l recommendations to the Federal and Provincial Governments

It is imperative that stronger safeguards and a strong accountability framework with regular reporting to municipalities and the public be key components of the revised Canada-US Great Lakes Water Quality Agreement in order to monitor the progress made toward achieving the shared binational goal of protecting and improving these finite diminishing freshwaters

Similar provisions need to be incorporated into the renewed Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem as well as the Ontario Great Lakes Protection Act now under development in a manner that ensures all governments work co-operatively and effectively to make measurable progress combating 21 sl Century threats to water quality

Therefore it is recommended that this staff report be endorsed

arbara Hodgms MCIP Senior Policy Planner

(~~~Paul A llore MCIP RPP Director of Planning and Development Services

Subject International Joint Commission Reports and Recommendations to Protect and Pagel8 Improve Great Lakes Water Quality

b) Advance the development of wastewater treatment technologies that improve the detection control removal and destruction of Chemicals of Emerging Concern

c) Add principles and processes requiring the Federal governments to prioritize categories of chemicals to address rather than compiling a long list of specific chemicals which would rapidly become outdated and place more emphasis on gaining knowledge and understanding ofhuman health effects ofmajor categories of these chemicals

d) Identify optimal risk management strategies including replacing traditional chemical design production and consumption with green chemistry principles advocating the design of products and processes that minimize the use and generation of hazardous substances supported by market and regulatory tools that will motivate industry to invest in green chemistry and the use design and production ofsafer chemicals and materials

e) Establish a common transparent and easily accessible repository for monitoring data that can be used to assess management options and

f) Provide incentives and educational programs to encourage industry agriculture and consumers to develop and use environmentally-friendly alternative products to reduce the production and consumption ofchemicals ofemerging concern

The Report confirms that the nearshore zone is particularly vulnerable to Chemicals of Emerging Concern that enter water from sewage (examples cosmetics pharmaceuticals and possibly nanomaterials) agricultural runoff (pesticides and veterinary products) landfill leachate and the atmosphere because most loading occurs there especially because sewage treatment plants are not designed to destroy or remove Chemicals of Emerging Concern It concludes that current and emerging threats to human health include substances and problems ranging from algal blooms to materials from consumer products

The IJC also warned the Federal Governments that the revised GLWQA will be critically flawed unless it also makes explicit the goal of protecting human health

Council Resolutions

During the GLWQA review Council sent several resolutions and staff reports to the Federal and Provincial governments identifying concern about deteriorating water quality in nearshore Lake Ontario along the Ajax waterfront and recommending actions aimed at resolving recurring and emerging issues

1) July 9 2007 - Council endorsed the staff report6 on the GLWQA review process supporting a strong Accountability Framework recommended by the IJC and expressing concern about nearshore zone problems along the Ajax Waterfront

bull Lost Swimmability - from visible changes such as frequent beach postings

bull Lost Physical Environmental Integrity Economic Viability and Tourism - from smelly decaying Cladophora algae coating the shoreline during summer months

Town of Ajax Staff Report to General Government Committee entitled Review of the Great Lakes Water Quality Agreement-Update Report dated July 52007

Subject International Joint Commission Reports and Recommendations to Protect and Paget9 Improve Great Lakes Water Quality

bull Lost Value - the above undermining many years of investment by the Town in the Ajax Waterfront and

bull Less Obvious Less Visible Threats - accruing from doubling of the capacity of York and Durham Regions Duffin Creek Water Pollution Control Plant making it the second largest sewage treatment plant in Canada to allow the discharge of 630 million litres of treated effluent daily only 1 km offshore and just 35 km from the intake pipe at Durham Regions Ajax Water Supply Plant

Council Recommendations to the Canadian Government Revise the GLWQA to

1 Include a strong Accountability Framework and provide sustained long-term Capital and Program Funding support

2 Taking a Precautionary Approach to protecting Great Lakes waters from the environmental effects of growth and development in Ontario the only Province affecting the Great Lakes by imposing strict Federal requirements including greater focus on

i) Addressing drinking water quality threats posed by sewage treatment plants by requiring more rigorous assessment processes imposing higher (more protective) environmental standards and using the best possible treatment technologies for both municipal sewage treatment plants (including tertiary ireatment) and water supply plants

ii) Preventing any further increases in the inter-basin transfer of wastewaters as a key step in protecting water quality

iii) Ensuring the list of emerging contaminants is constantly updated and high environmental standards are imposed to curtail their release and

ivY Assessing and mitigating the cumulative impacts of human activity on water quality and the aquatic environment to protect water quality and biodiversity

2) May 11 2009 - Council endorsed a staff report7 with comments on the Provinces Healthy Great Lakes Strong Ontario Discussion Paper as input to a possible Ontario Great Lakes Protection Act The Discussion Paper warned that conditions in the Great Lakes are reaching a tipping point of ill health and reminded that our quality of life depends on restoring the quality and quantity of these at risk freshwaters

Council Recommendations to the Provincial Government

1) Provide the Town with sufficient funding to continue to monitor water quality in Ajaxs storm water system to determine priority areas for storm water retrofit facilities and measures to reduce impacts on the quality ofnearshore water

2) Adopt an Accountability Framework similar to that recommended in the JCs 1jh Biennial Report to ensure effective implementation ofProvincial commitments

7 Town of Ajax Staff Report to General Govemment Committee entitled Comments on Provinces Healthy Great Lakes Strong Ontario dated May 7 2009

Subject International Joint Commission Reports and Recommendations to Protect and P age 110 Improve Great Lakes Water Quality

3) Strongly encourage the Federal Government during negotiations on Federal and Binational Great Lakes-related Treaties and Agreements including the GLWQA to establish sustained reliable sources of funding complemented by scientific research findings to ensure effective actions are taken to improve Great Lakes water quality

4) Lead development of betier more advanced scientific indicators of the health of the Great Lakes support research development and commercialization of new analytical techniques to evaluate water quality and make them readily available at affordable prices at laboratories across Ontario

5) In light of changing climatic conditions in Southern Ontario consult with Conservation Ontario about whether current regulatory flood and erosion standards need to be changed to facilitate better protection of municipal infrastructure property and the natural environment

6) Add stronger more protective water policy language to the Provincial Policy Statement and

7) Increase public education about the Great Lakes and how human activities are affecting these finite freshwaters such as through promotion of greater collaboration with other levels of government and agencies including conservation authorities supported by sufficient sustained funding

Draft Great Lakes Assessment Report by IJC

In November 2011 the IJC also released a Draft Great Lakes Assessment Report for public comment by December 31 2011 The Report was initiated because in recent years the IJC has not been able to comprehensively report on progress as the data needed to develop these reports has not been forwarded by the Federal governments In the absence of regular status reports and as the Canadian and US governments were planning to revise and sign a revised GLWQA in 2012 the IJC chose to try to assess progress made since 1987 (the last time the Agreementwas renewed)

The IJCs Draft Great Lakes Assessment Report focuses in part on how environmental science monitoring and regular reporting of findings are needed to help support sound environmental decision-making When finalized the Report is intended to be a tool to help the public better understand the resources of the Great Lakes Basin and appreciate why it is important to protect this fragile Ecosystem and how individuals and communities can help

Present Water Quality Indicators

To measure changes in the Great Lakes Basin Ecosystem the IJC examined current indicators of water quality in the GLWQA from information provided by government agencies and academic researchers

bull Indicators of Biological Integrity (phosphorus loading contaminants in herring gull eggs whole fish mussels and sediments fish consumption atmospheric deposition)

bull Indicators of Chemical Integrity (beach closingsadvisories aquatic invasive species Burrowing Mayfly density shrimp-like Diporeia populations on lake bottoms and abundance of Lake Sturgeon and Lake Trout) and

Subject International Joint Commission Reports and Recommendations to Protect and P age 111 Improve Great Lakes Water Quality

bull Indicator of Physical Integrity (surface water temperature) The Draft Report identified some progress for example levels of older chemicals had decreased in herring gulls fish and sediments especially from 1987 to 2000 but the trend since 2000 is unknown

Trends Key Findings and Recommendations

Overall trends drawn from available monitoring data and research were mixed The key findings and recommendations are

bull Beach closings due to elevated bacteria levels have remained fairly stable over a 10shyyear reporting period (approx 1998-2007) - roughly 40 of Ontario beaches and 10 of US beaches were closed 10 of the swimming season disease outbreaks related to swimming at beaches are likely under-reported

IJC Recommendation Further refine recreational water quality testing methods require better controls on major pollution sources contributing to beach closings and collect data and establish a centralized swimming-related Outbreak Registry

bull Surface water temperatures are warming - by an annual average increase of about 05degC from 1979 to 2006 undesirable as this promotes algal growth that poses risks to human health and the ecosystem

bull Phosphorus loadings contribute to excessive algal growth in nearshore waters shyincreased loadings of Soluble Reactive Phosphorus (SRP the form of phosphorus that readily helps algae to grow) have been found by monitoring in recent years

IJC Recommendation Improve management controls at sources of Soluble Reactive Phosphorus and continue monitoring of phosphorus loadings

bull Concentrations of Chemicals of Emerging Concern increased considerably from 1987 to 2000 - Concentrations of flame retardants (toxic chemicals known as PBDEs applied to products to make them less flammable) in fish doubled every few years from 1980 to 2000 and have started to stabilize or decline slightly possibly due to voluntary reduction in use

bull Herring gulls - waterbirds that reside year-round in the Great Lakes and eat f ish in contaminated habitat accumulate toxins and experience abnormalities so inputs of chemical concentrations need to be reduced and this monitoring program continued

bull Non-native aquatic species introduced into the Great Lakes have caused dramatic economic and ecological impacts

bull Lake Trout populations almost disappeared from Lake Ontario and most Great Lakes due to overfishing and sea lamprey and remain listed as threatened or endangered species as their populations have not changed measurably and

bull Diporeia - a small shrimp-like crustacean forming the lower end of the aquatic food web that is a food source for many fish but its population has almost disappeared since the zebra and quagga mussel invaSion affecting the distribution abundance growth and condition of fish species including commercially important species

Subject International Joint Commission Reports and Recommendations to Protect and Pa ge 112 Improve Great Lakes Water Quality

Further IJC Recommendations

1) Make programs that monitor measure and report on a meaningful set of core Indicators a priority in ecosystem management and continue during times of budget austerity

2) Support monitoring and assessment efforts along with sound science as the basis for making wiser management decisions and best using limited resources for restoration and protection ofGreat Lakes water quality and

3) Commit to improved monitoring measurements and reporting of both existing and emerging problems

Additionally the IJCs Draft Report emphasizes the need for the Canadian and US Governments to middot

bull renew their focus on reducing nutrient loads into the nearshore zone

bull provide reliable long-term funding for nutrient control programs

bull reinstate monitoring programs and provide regular reports on scientific findings and

bull better understand links between land sources the nearshore zone and offshore waters

Binational Webinar

On March 5 2012 staff joined in a binational public webinar to learn more about possible revisions to the GLWQA from representatives of Environment Canada and the US Environmental Proiection Agency

At the outset of the webinar the benefits of a revised GLWQA were described as being that the Federal governments have heard through public consultation conducted since 2004 the need to make revisions that reflect broader challenges and future impacts facing Great Lakes waters by taking steps to

bull More closely align binational programs bull Place greater emphasis on preventing damage in addition to responding to damage bull Preserve portions of the existing Agreement while undertaking significant streamlining

and bull Clarifying the roles for Provinces States First Nations Metis Tribes and the public

In the webinar presentation it was not specifically stated that revisions will be made to the GLWQA to formalize and clarify the roles of municipalities It was explained that Canadian and US negotiators are considering revising the GLWQA to take the following steps

bull Nutrients Continuing domestic regulatory programs pursuing science on nutrients including the role of Soluble Reactive Phosphorus and the effect of zebra mussels developing binational models for middot nutrient target-setting and continuing research surveillance and monitoring

Subject International Joint Commission Reports and Recommendations to Protect and P age 113 Improve Great Lakes Water Quality

bull Chemicals of Mutual Concern Continuing domestic regulatory programs promoting pollution prevention and binational information exchange and continuing research surveillance and monitoring

bull Habitat and Species Add ing direction to address habitat and species and ecosystem functions as endpoints for water quality management

bull Climate Change Impacts Adding commitments to co-ordinate scientific understanding and capacity building for non-federal partners regarding impacts on the Great Lakes

bull Aquatic Invasive Species Protecting Great Lakes water quality from aquatic invasive species including co-ordination of assessments and rapid response efforts and

bull Opportunities for Enhanced Engagement Expanding the binational Management Table publishing regular progress reports strengthening commitment to consult and co-ordinate and creating a Great Lakes Public Forum

Webinar partiCipants were advised that the proposed Revised GLWQA will undergo a legal review and then be approved by the Canadian and US Governments A Revised GLWQA is expected to be signed in Spring 2012 and subsequent made available to municipalities and the public

Official Plan Policies

In the Ajax Official Plan the Towns dependence on a healthy Great Lakes ecosystem and the water in Lake Ontario to maintain the high quality of life enjoyed in this community is recognized Through recently approved Official Plan Amendment No 38 the Official Plan acknowledges Lake Ontario as the Towns primary source of drinking water and as such states that the Town shall

a) Encourage and support timely effective actions by senior governments the IJC and others to improve and restore the quality of Lake Ontario and other Great Lakes Actions may be undertaken pursuant to treaties and legislation such as the GLWQA as well as new policies legislation and programs to address recurring and emerging concerns such as nutrients invasive species chemical contaminants including pharmaceuticals and personal care products and algal growth 0

~

b) Play an important role in advocating for and implementing water policies and programs based on knowledge of the dynamics of Lake Ontario changing ecological conditions at the landwater interface surface and groundwater regimesand local contaminant sources and

c) Curb contaminant emissions at sources within and near the municipality

In staffs view stronger Federal and Provincial Great Lakes water policy language and more coshyordinated and effective actions supported by reliable sustained financial support from senior governments is needed to support the Towns ongoing water quality studies and actions

FINANCIAL IMPLICATIONS

NA

Subject International Joint Commission Reports and Recommendations to Protect and P a ge 114 Improve Great Lakes Water Quality

COMMUNICATION ISSUES

NA

CONCLUSIONS

The IJCs recent reports describe water quality issues and concerns based on scientific findings being experienced in the nearshore zone along the Towns Waterfront Many of the IJCs recommendations reaffirm those identified in Counci l recommendations to the Federal and Provincial Governments

It is imperative that stronger safeguards and a strong accountability framework with regular reporting to municipalities and the public be key components of the revised Canada-US Great Lakes Water Quality Agreement in order to monitor the progress made toward achieving the shared binational goal of protecting and improving these finite diminishing freshwaters

Similar provisions need to be incorporated into the renewed Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem as well as the Ontario Great Lakes Protection Act now under development in a manner that ensures all governments work co-operatively and effectively to make measurable progress combating 21 sl Century threats to water quality

Therefore it is recommended that this staff report be endorsed

arbara Hodgms MCIP Senior Policy Planner

(~~~Paul A llore MCIP RPP Director of Planning and Development Services

Subject International Joint Commission Reports and Recommendations to Protect and Paget9 Improve Great Lakes Water Quality

bull Lost Value - the above undermining many years of investment by the Town in the Ajax Waterfront and

bull Less Obvious Less Visible Threats - accruing from doubling of the capacity of York and Durham Regions Duffin Creek Water Pollution Control Plant making it the second largest sewage treatment plant in Canada to allow the discharge of 630 million litres of treated effluent daily only 1 km offshore and just 35 km from the intake pipe at Durham Regions Ajax Water Supply Plant

Council Recommendations to the Canadian Government Revise the GLWQA to

1 Include a strong Accountability Framework and provide sustained long-term Capital and Program Funding support

2 Taking a Precautionary Approach to protecting Great Lakes waters from the environmental effects of growth and development in Ontario the only Province affecting the Great Lakes by imposing strict Federal requirements including greater focus on

i) Addressing drinking water quality threats posed by sewage treatment plants by requiring more rigorous assessment processes imposing higher (more protective) environmental standards and using the best possible treatment technologies for both municipal sewage treatment plants (including tertiary ireatment) and water supply plants

ii) Preventing any further increases in the inter-basin transfer of wastewaters as a key step in protecting water quality

iii) Ensuring the list of emerging contaminants is constantly updated and high environmental standards are imposed to curtail their release and

ivY Assessing and mitigating the cumulative impacts of human activity on water quality and the aquatic environment to protect water quality and biodiversity

2) May 11 2009 - Council endorsed a staff report7 with comments on the Provinces Healthy Great Lakes Strong Ontario Discussion Paper as input to a possible Ontario Great Lakes Protection Act The Discussion Paper warned that conditions in the Great Lakes are reaching a tipping point of ill health and reminded that our quality of life depends on restoring the quality and quantity of these at risk freshwaters

Council Recommendations to the Provincial Government

1) Provide the Town with sufficient funding to continue to monitor water quality in Ajaxs storm water system to determine priority areas for storm water retrofit facilities and measures to reduce impacts on the quality ofnearshore water

2) Adopt an Accountability Framework similar to that recommended in the JCs 1jh Biennial Report to ensure effective implementation ofProvincial commitments

7 Town of Ajax Staff Report to General Govemment Committee entitled Comments on Provinces Healthy Great Lakes Strong Ontario dated May 7 2009

Subject International Joint Commission Reports and Recommendations to Protect and P age 110 Improve Great Lakes Water Quality

3) Strongly encourage the Federal Government during negotiations on Federal and Binational Great Lakes-related Treaties and Agreements including the GLWQA to establish sustained reliable sources of funding complemented by scientific research findings to ensure effective actions are taken to improve Great Lakes water quality

4) Lead development of betier more advanced scientific indicators of the health of the Great Lakes support research development and commercialization of new analytical techniques to evaluate water quality and make them readily available at affordable prices at laboratories across Ontario

5) In light of changing climatic conditions in Southern Ontario consult with Conservation Ontario about whether current regulatory flood and erosion standards need to be changed to facilitate better protection of municipal infrastructure property and the natural environment

6) Add stronger more protective water policy language to the Provincial Policy Statement and

7) Increase public education about the Great Lakes and how human activities are affecting these finite freshwaters such as through promotion of greater collaboration with other levels of government and agencies including conservation authorities supported by sufficient sustained funding

Draft Great Lakes Assessment Report by IJC

In November 2011 the IJC also released a Draft Great Lakes Assessment Report for public comment by December 31 2011 The Report was initiated because in recent years the IJC has not been able to comprehensively report on progress as the data needed to develop these reports has not been forwarded by the Federal governments In the absence of regular status reports and as the Canadian and US governments were planning to revise and sign a revised GLWQA in 2012 the IJC chose to try to assess progress made since 1987 (the last time the Agreementwas renewed)

The IJCs Draft Great Lakes Assessment Report focuses in part on how environmental science monitoring and regular reporting of findings are needed to help support sound environmental decision-making When finalized the Report is intended to be a tool to help the public better understand the resources of the Great Lakes Basin and appreciate why it is important to protect this fragile Ecosystem and how individuals and communities can help

Present Water Quality Indicators

To measure changes in the Great Lakes Basin Ecosystem the IJC examined current indicators of water quality in the GLWQA from information provided by government agencies and academic researchers

bull Indicators of Biological Integrity (phosphorus loading contaminants in herring gull eggs whole fish mussels and sediments fish consumption atmospheric deposition)

bull Indicators of Chemical Integrity (beach closingsadvisories aquatic invasive species Burrowing Mayfly density shrimp-like Diporeia populations on lake bottoms and abundance of Lake Sturgeon and Lake Trout) and

Subject International Joint Commission Reports and Recommendations to Protect and P age 111 Improve Great Lakes Water Quality

bull Indicator of Physical Integrity (surface water temperature) The Draft Report identified some progress for example levels of older chemicals had decreased in herring gulls fish and sediments especially from 1987 to 2000 but the trend since 2000 is unknown

Trends Key Findings and Recommendations

Overall trends drawn from available monitoring data and research were mixed The key findings and recommendations are

bull Beach closings due to elevated bacteria levels have remained fairly stable over a 10shyyear reporting period (approx 1998-2007) - roughly 40 of Ontario beaches and 10 of US beaches were closed 10 of the swimming season disease outbreaks related to swimming at beaches are likely under-reported

IJC Recommendation Further refine recreational water quality testing methods require better controls on major pollution sources contributing to beach closings and collect data and establish a centralized swimming-related Outbreak Registry

bull Surface water temperatures are warming - by an annual average increase of about 05degC from 1979 to 2006 undesirable as this promotes algal growth that poses risks to human health and the ecosystem

bull Phosphorus loadings contribute to excessive algal growth in nearshore waters shyincreased loadings of Soluble Reactive Phosphorus (SRP the form of phosphorus that readily helps algae to grow) have been found by monitoring in recent years

IJC Recommendation Improve management controls at sources of Soluble Reactive Phosphorus and continue monitoring of phosphorus loadings

bull Concentrations of Chemicals of Emerging Concern increased considerably from 1987 to 2000 - Concentrations of flame retardants (toxic chemicals known as PBDEs applied to products to make them less flammable) in fish doubled every few years from 1980 to 2000 and have started to stabilize or decline slightly possibly due to voluntary reduction in use

bull Herring gulls - waterbirds that reside year-round in the Great Lakes and eat f ish in contaminated habitat accumulate toxins and experience abnormalities so inputs of chemical concentrations need to be reduced and this monitoring program continued

bull Non-native aquatic species introduced into the Great Lakes have caused dramatic economic and ecological impacts

bull Lake Trout populations almost disappeared from Lake Ontario and most Great Lakes due to overfishing and sea lamprey and remain listed as threatened or endangered species as their populations have not changed measurably and

bull Diporeia - a small shrimp-like crustacean forming the lower end of the aquatic food web that is a food source for many fish but its population has almost disappeared since the zebra and quagga mussel invaSion affecting the distribution abundance growth and condition of fish species including commercially important species

Subject International Joint Commission Reports and Recommendations to Protect and Pa ge 112 Improve Great Lakes Water Quality

Further IJC Recommendations

1) Make programs that monitor measure and report on a meaningful set of core Indicators a priority in ecosystem management and continue during times of budget austerity

2) Support monitoring and assessment efforts along with sound science as the basis for making wiser management decisions and best using limited resources for restoration and protection ofGreat Lakes water quality and

3) Commit to improved monitoring measurements and reporting of both existing and emerging problems

Additionally the IJCs Draft Report emphasizes the need for the Canadian and US Governments to middot

bull renew their focus on reducing nutrient loads into the nearshore zone

bull provide reliable long-term funding for nutrient control programs

bull reinstate monitoring programs and provide regular reports on scientific findings and

bull better understand links between land sources the nearshore zone and offshore waters

Binational Webinar

On March 5 2012 staff joined in a binational public webinar to learn more about possible revisions to the GLWQA from representatives of Environment Canada and the US Environmental Proiection Agency

At the outset of the webinar the benefits of a revised GLWQA were described as being that the Federal governments have heard through public consultation conducted since 2004 the need to make revisions that reflect broader challenges and future impacts facing Great Lakes waters by taking steps to

bull More closely align binational programs bull Place greater emphasis on preventing damage in addition to responding to damage bull Preserve portions of the existing Agreement while undertaking significant streamlining

and bull Clarifying the roles for Provinces States First Nations Metis Tribes and the public

In the webinar presentation it was not specifically stated that revisions will be made to the GLWQA to formalize and clarify the roles of municipalities It was explained that Canadian and US negotiators are considering revising the GLWQA to take the following steps

bull Nutrients Continuing domestic regulatory programs pursuing science on nutrients including the role of Soluble Reactive Phosphorus and the effect of zebra mussels developing binational models for middot nutrient target-setting and continuing research surveillance and monitoring

Subject International Joint Commission Reports and Recommendations to Protect and P age 113 Improve Great Lakes Water Quality

bull Chemicals of Mutual Concern Continuing domestic regulatory programs promoting pollution prevention and binational information exchange and continuing research surveillance and monitoring

bull Habitat and Species Add ing direction to address habitat and species and ecosystem functions as endpoints for water quality management

bull Climate Change Impacts Adding commitments to co-ordinate scientific understanding and capacity building for non-federal partners regarding impacts on the Great Lakes

bull Aquatic Invasive Species Protecting Great Lakes water quality from aquatic invasive species including co-ordination of assessments and rapid response efforts and

bull Opportunities for Enhanced Engagement Expanding the binational Management Table publishing regular progress reports strengthening commitment to consult and co-ordinate and creating a Great Lakes Public Forum

Webinar partiCipants were advised that the proposed Revised GLWQA will undergo a legal review and then be approved by the Canadian and US Governments A Revised GLWQA is expected to be signed in Spring 2012 and subsequent made available to municipalities and the public

Official Plan Policies

In the Ajax Official Plan the Towns dependence on a healthy Great Lakes ecosystem and the water in Lake Ontario to maintain the high quality of life enjoyed in this community is recognized Through recently approved Official Plan Amendment No 38 the Official Plan acknowledges Lake Ontario as the Towns primary source of drinking water and as such states that the Town shall

a) Encourage and support timely effective actions by senior governments the IJC and others to improve and restore the quality of Lake Ontario and other Great Lakes Actions may be undertaken pursuant to treaties and legislation such as the GLWQA as well as new policies legislation and programs to address recurring and emerging concerns such as nutrients invasive species chemical contaminants including pharmaceuticals and personal care products and algal growth 0

~

b) Play an important role in advocating for and implementing water policies and programs based on knowledge of the dynamics of Lake Ontario changing ecological conditions at the landwater interface surface and groundwater regimesand local contaminant sources and

c) Curb contaminant emissions at sources within and near the municipality

In staffs view stronger Federal and Provincial Great Lakes water policy language and more coshyordinated and effective actions supported by reliable sustained financial support from senior governments is needed to support the Towns ongoing water quality studies and actions

FINANCIAL IMPLICATIONS

NA

Subject International Joint Commission Reports and Recommendations to Protect and P a ge 114 Improve Great Lakes Water Quality

COMMUNICATION ISSUES

NA

CONCLUSIONS

The IJCs recent reports describe water quality issues and concerns based on scientific findings being experienced in the nearshore zone along the Towns Waterfront Many of the IJCs recommendations reaffirm those identified in Counci l recommendations to the Federal and Provincial Governments

It is imperative that stronger safeguards and a strong accountability framework with regular reporting to municipalities and the public be key components of the revised Canada-US Great Lakes Water Quality Agreement in order to monitor the progress made toward achieving the shared binational goal of protecting and improving these finite diminishing freshwaters

Similar provisions need to be incorporated into the renewed Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem as well as the Ontario Great Lakes Protection Act now under development in a manner that ensures all governments work co-operatively and effectively to make measurable progress combating 21 sl Century threats to water quality

Therefore it is recommended that this staff report be endorsed

arbara Hodgms MCIP Senior Policy Planner

(~~~Paul A llore MCIP RPP Director of Planning and Development Services

Subject International Joint Commission Reports and Recommendations to Protect and P age 110 Improve Great Lakes Water Quality

3) Strongly encourage the Federal Government during negotiations on Federal and Binational Great Lakes-related Treaties and Agreements including the GLWQA to establish sustained reliable sources of funding complemented by scientific research findings to ensure effective actions are taken to improve Great Lakes water quality

4) Lead development of betier more advanced scientific indicators of the health of the Great Lakes support research development and commercialization of new analytical techniques to evaluate water quality and make them readily available at affordable prices at laboratories across Ontario

5) In light of changing climatic conditions in Southern Ontario consult with Conservation Ontario about whether current regulatory flood and erosion standards need to be changed to facilitate better protection of municipal infrastructure property and the natural environment

6) Add stronger more protective water policy language to the Provincial Policy Statement and

7) Increase public education about the Great Lakes and how human activities are affecting these finite freshwaters such as through promotion of greater collaboration with other levels of government and agencies including conservation authorities supported by sufficient sustained funding

Draft Great Lakes Assessment Report by IJC

In November 2011 the IJC also released a Draft Great Lakes Assessment Report for public comment by December 31 2011 The Report was initiated because in recent years the IJC has not been able to comprehensively report on progress as the data needed to develop these reports has not been forwarded by the Federal governments In the absence of regular status reports and as the Canadian and US governments were planning to revise and sign a revised GLWQA in 2012 the IJC chose to try to assess progress made since 1987 (the last time the Agreementwas renewed)

The IJCs Draft Great Lakes Assessment Report focuses in part on how environmental science monitoring and regular reporting of findings are needed to help support sound environmental decision-making When finalized the Report is intended to be a tool to help the public better understand the resources of the Great Lakes Basin and appreciate why it is important to protect this fragile Ecosystem and how individuals and communities can help

Present Water Quality Indicators

To measure changes in the Great Lakes Basin Ecosystem the IJC examined current indicators of water quality in the GLWQA from information provided by government agencies and academic researchers

bull Indicators of Biological Integrity (phosphorus loading contaminants in herring gull eggs whole fish mussels and sediments fish consumption atmospheric deposition)

bull Indicators of Chemical Integrity (beach closingsadvisories aquatic invasive species Burrowing Mayfly density shrimp-like Diporeia populations on lake bottoms and abundance of Lake Sturgeon and Lake Trout) and

Subject International Joint Commission Reports and Recommendations to Protect and P age 111 Improve Great Lakes Water Quality

bull Indicator of Physical Integrity (surface water temperature) The Draft Report identified some progress for example levels of older chemicals had decreased in herring gulls fish and sediments especially from 1987 to 2000 but the trend since 2000 is unknown

Trends Key Findings and Recommendations

Overall trends drawn from available monitoring data and research were mixed The key findings and recommendations are

bull Beach closings due to elevated bacteria levels have remained fairly stable over a 10shyyear reporting period (approx 1998-2007) - roughly 40 of Ontario beaches and 10 of US beaches were closed 10 of the swimming season disease outbreaks related to swimming at beaches are likely under-reported

IJC Recommendation Further refine recreational water quality testing methods require better controls on major pollution sources contributing to beach closings and collect data and establish a centralized swimming-related Outbreak Registry

bull Surface water temperatures are warming - by an annual average increase of about 05degC from 1979 to 2006 undesirable as this promotes algal growth that poses risks to human health and the ecosystem

bull Phosphorus loadings contribute to excessive algal growth in nearshore waters shyincreased loadings of Soluble Reactive Phosphorus (SRP the form of phosphorus that readily helps algae to grow) have been found by monitoring in recent years

IJC Recommendation Improve management controls at sources of Soluble Reactive Phosphorus and continue monitoring of phosphorus loadings

bull Concentrations of Chemicals of Emerging Concern increased considerably from 1987 to 2000 - Concentrations of flame retardants (toxic chemicals known as PBDEs applied to products to make them less flammable) in fish doubled every few years from 1980 to 2000 and have started to stabilize or decline slightly possibly due to voluntary reduction in use

bull Herring gulls - waterbirds that reside year-round in the Great Lakes and eat f ish in contaminated habitat accumulate toxins and experience abnormalities so inputs of chemical concentrations need to be reduced and this monitoring program continued

bull Non-native aquatic species introduced into the Great Lakes have caused dramatic economic and ecological impacts

bull Lake Trout populations almost disappeared from Lake Ontario and most Great Lakes due to overfishing and sea lamprey and remain listed as threatened or endangered species as their populations have not changed measurably and

bull Diporeia - a small shrimp-like crustacean forming the lower end of the aquatic food web that is a food source for many fish but its population has almost disappeared since the zebra and quagga mussel invaSion affecting the distribution abundance growth and condition of fish species including commercially important species

Subject International Joint Commission Reports and Recommendations to Protect and Pa ge 112 Improve Great Lakes Water Quality

Further IJC Recommendations

1) Make programs that monitor measure and report on a meaningful set of core Indicators a priority in ecosystem management and continue during times of budget austerity

2) Support monitoring and assessment efforts along with sound science as the basis for making wiser management decisions and best using limited resources for restoration and protection ofGreat Lakes water quality and

3) Commit to improved monitoring measurements and reporting of both existing and emerging problems

Additionally the IJCs Draft Report emphasizes the need for the Canadian and US Governments to middot

bull renew their focus on reducing nutrient loads into the nearshore zone

bull provide reliable long-term funding for nutrient control programs

bull reinstate monitoring programs and provide regular reports on scientific findings and

bull better understand links between land sources the nearshore zone and offshore waters

Binational Webinar

On March 5 2012 staff joined in a binational public webinar to learn more about possible revisions to the GLWQA from representatives of Environment Canada and the US Environmental Proiection Agency

At the outset of the webinar the benefits of a revised GLWQA were described as being that the Federal governments have heard through public consultation conducted since 2004 the need to make revisions that reflect broader challenges and future impacts facing Great Lakes waters by taking steps to

bull More closely align binational programs bull Place greater emphasis on preventing damage in addition to responding to damage bull Preserve portions of the existing Agreement while undertaking significant streamlining

and bull Clarifying the roles for Provinces States First Nations Metis Tribes and the public

In the webinar presentation it was not specifically stated that revisions will be made to the GLWQA to formalize and clarify the roles of municipalities It was explained that Canadian and US negotiators are considering revising the GLWQA to take the following steps

bull Nutrients Continuing domestic regulatory programs pursuing science on nutrients including the role of Soluble Reactive Phosphorus and the effect of zebra mussels developing binational models for middot nutrient target-setting and continuing research surveillance and monitoring

Subject International Joint Commission Reports and Recommendations to Protect and P age 113 Improve Great Lakes Water Quality

bull Chemicals of Mutual Concern Continuing domestic regulatory programs promoting pollution prevention and binational information exchange and continuing research surveillance and monitoring

bull Habitat and Species Add ing direction to address habitat and species and ecosystem functions as endpoints for water quality management

bull Climate Change Impacts Adding commitments to co-ordinate scientific understanding and capacity building for non-federal partners regarding impacts on the Great Lakes

bull Aquatic Invasive Species Protecting Great Lakes water quality from aquatic invasive species including co-ordination of assessments and rapid response efforts and

bull Opportunities for Enhanced Engagement Expanding the binational Management Table publishing regular progress reports strengthening commitment to consult and co-ordinate and creating a Great Lakes Public Forum

Webinar partiCipants were advised that the proposed Revised GLWQA will undergo a legal review and then be approved by the Canadian and US Governments A Revised GLWQA is expected to be signed in Spring 2012 and subsequent made available to municipalities and the public

Official Plan Policies

In the Ajax Official Plan the Towns dependence on a healthy Great Lakes ecosystem and the water in Lake Ontario to maintain the high quality of life enjoyed in this community is recognized Through recently approved Official Plan Amendment No 38 the Official Plan acknowledges Lake Ontario as the Towns primary source of drinking water and as such states that the Town shall

a) Encourage and support timely effective actions by senior governments the IJC and others to improve and restore the quality of Lake Ontario and other Great Lakes Actions may be undertaken pursuant to treaties and legislation such as the GLWQA as well as new policies legislation and programs to address recurring and emerging concerns such as nutrients invasive species chemical contaminants including pharmaceuticals and personal care products and algal growth 0

~

b) Play an important role in advocating for and implementing water policies and programs based on knowledge of the dynamics of Lake Ontario changing ecological conditions at the landwater interface surface and groundwater regimesand local contaminant sources and

c) Curb contaminant emissions at sources within and near the municipality

In staffs view stronger Federal and Provincial Great Lakes water policy language and more coshyordinated and effective actions supported by reliable sustained financial support from senior governments is needed to support the Towns ongoing water quality studies and actions

FINANCIAL IMPLICATIONS

NA

Subject International Joint Commission Reports and Recommendations to Protect and P a ge 114 Improve Great Lakes Water Quality

COMMUNICATION ISSUES

NA

CONCLUSIONS

The IJCs recent reports describe water quality issues and concerns based on scientific findings being experienced in the nearshore zone along the Towns Waterfront Many of the IJCs recommendations reaffirm those identified in Counci l recommendations to the Federal and Provincial Governments

It is imperative that stronger safeguards and a strong accountability framework with regular reporting to municipalities and the public be key components of the revised Canada-US Great Lakes Water Quality Agreement in order to monitor the progress made toward achieving the shared binational goal of protecting and improving these finite diminishing freshwaters

Similar provisions need to be incorporated into the renewed Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem as well as the Ontario Great Lakes Protection Act now under development in a manner that ensures all governments work co-operatively and effectively to make measurable progress combating 21 sl Century threats to water quality

Therefore it is recommended that this staff report be endorsed

arbara Hodgms MCIP Senior Policy Planner

(~~~Paul A llore MCIP RPP Director of Planning and Development Services

Subject International Joint Commission Reports and Recommendations to Protect and P age 111 Improve Great Lakes Water Quality

bull Indicator of Physical Integrity (surface water temperature) The Draft Report identified some progress for example levels of older chemicals had decreased in herring gulls fish and sediments especially from 1987 to 2000 but the trend since 2000 is unknown

Trends Key Findings and Recommendations

Overall trends drawn from available monitoring data and research were mixed The key findings and recommendations are

bull Beach closings due to elevated bacteria levels have remained fairly stable over a 10shyyear reporting period (approx 1998-2007) - roughly 40 of Ontario beaches and 10 of US beaches were closed 10 of the swimming season disease outbreaks related to swimming at beaches are likely under-reported

IJC Recommendation Further refine recreational water quality testing methods require better controls on major pollution sources contributing to beach closings and collect data and establish a centralized swimming-related Outbreak Registry

bull Surface water temperatures are warming - by an annual average increase of about 05degC from 1979 to 2006 undesirable as this promotes algal growth that poses risks to human health and the ecosystem

bull Phosphorus loadings contribute to excessive algal growth in nearshore waters shyincreased loadings of Soluble Reactive Phosphorus (SRP the form of phosphorus that readily helps algae to grow) have been found by monitoring in recent years

IJC Recommendation Improve management controls at sources of Soluble Reactive Phosphorus and continue monitoring of phosphorus loadings

bull Concentrations of Chemicals of Emerging Concern increased considerably from 1987 to 2000 - Concentrations of flame retardants (toxic chemicals known as PBDEs applied to products to make them less flammable) in fish doubled every few years from 1980 to 2000 and have started to stabilize or decline slightly possibly due to voluntary reduction in use

bull Herring gulls - waterbirds that reside year-round in the Great Lakes and eat f ish in contaminated habitat accumulate toxins and experience abnormalities so inputs of chemical concentrations need to be reduced and this monitoring program continued

bull Non-native aquatic species introduced into the Great Lakes have caused dramatic economic and ecological impacts

bull Lake Trout populations almost disappeared from Lake Ontario and most Great Lakes due to overfishing and sea lamprey and remain listed as threatened or endangered species as their populations have not changed measurably and

bull Diporeia - a small shrimp-like crustacean forming the lower end of the aquatic food web that is a food source for many fish but its population has almost disappeared since the zebra and quagga mussel invaSion affecting the distribution abundance growth and condition of fish species including commercially important species

Subject International Joint Commission Reports and Recommendations to Protect and Pa ge 112 Improve Great Lakes Water Quality

Further IJC Recommendations

1) Make programs that monitor measure and report on a meaningful set of core Indicators a priority in ecosystem management and continue during times of budget austerity

2) Support monitoring and assessment efforts along with sound science as the basis for making wiser management decisions and best using limited resources for restoration and protection ofGreat Lakes water quality and

3) Commit to improved monitoring measurements and reporting of both existing and emerging problems

Additionally the IJCs Draft Report emphasizes the need for the Canadian and US Governments to middot

bull renew their focus on reducing nutrient loads into the nearshore zone

bull provide reliable long-term funding for nutrient control programs

bull reinstate monitoring programs and provide regular reports on scientific findings and

bull better understand links between land sources the nearshore zone and offshore waters

Binational Webinar

On March 5 2012 staff joined in a binational public webinar to learn more about possible revisions to the GLWQA from representatives of Environment Canada and the US Environmental Proiection Agency

At the outset of the webinar the benefits of a revised GLWQA were described as being that the Federal governments have heard through public consultation conducted since 2004 the need to make revisions that reflect broader challenges and future impacts facing Great Lakes waters by taking steps to

bull More closely align binational programs bull Place greater emphasis on preventing damage in addition to responding to damage bull Preserve portions of the existing Agreement while undertaking significant streamlining

and bull Clarifying the roles for Provinces States First Nations Metis Tribes and the public

In the webinar presentation it was not specifically stated that revisions will be made to the GLWQA to formalize and clarify the roles of municipalities It was explained that Canadian and US negotiators are considering revising the GLWQA to take the following steps

bull Nutrients Continuing domestic regulatory programs pursuing science on nutrients including the role of Soluble Reactive Phosphorus and the effect of zebra mussels developing binational models for middot nutrient target-setting and continuing research surveillance and monitoring

Subject International Joint Commission Reports and Recommendations to Protect and P age 113 Improve Great Lakes Water Quality

bull Chemicals of Mutual Concern Continuing domestic regulatory programs promoting pollution prevention and binational information exchange and continuing research surveillance and monitoring

bull Habitat and Species Add ing direction to address habitat and species and ecosystem functions as endpoints for water quality management

bull Climate Change Impacts Adding commitments to co-ordinate scientific understanding and capacity building for non-federal partners regarding impacts on the Great Lakes

bull Aquatic Invasive Species Protecting Great Lakes water quality from aquatic invasive species including co-ordination of assessments and rapid response efforts and

bull Opportunities for Enhanced Engagement Expanding the binational Management Table publishing regular progress reports strengthening commitment to consult and co-ordinate and creating a Great Lakes Public Forum

Webinar partiCipants were advised that the proposed Revised GLWQA will undergo a legal review and then be approved by the Canadian and US Governments A Revised GLWQA is expected to be signed in Spring 2012 and subsequent made available to municipalities and the public

Official Plan Policies

In the Ajax Official Plan the Towns dependence on a healthy Great Lakes ecosystem and the water in Lake Ontario to maintain the high quality of life enjoyed in this community is recognized Through recently approved Official Plan Amendment No 38 the Official Plan acknowledges Lake Ontario as the Towns primary source of drinking water and as such states that the Town shall

a) Encourage and support timely effective actions by senior governments the IJC and others to improve and restore the quality of Lake Ontario and other Great Lakes Actions may be undertaken pursuant to treaties and legislation such as the GLWQA as well as new policies legislation and programs to address recurring and emerging concerns such as nutrients invasive species chemical contaminants including pharmaceuticals and personal care products and algal growth 0

~

b) Play an important role in advocating for and implementing water policies and programs based on knowledge of the dynamics of Lake Ontario changing ecological conditions at the landwater interface surface and groundwater regimesand local contaminant sources and

c) Curb contaminant emissions at sources within and near the municipality

In staffs view stronger Federal and Provincial Great Lakes water policy language and more coshyordinated and effective actions supported by reliable sustained financial support from senior governments is needed to support the Towns ongoing water quality studies and actions

FINANCIAL IMPLICATIONS

NA

Subject International Joint Commission Reports and Recommendations to Protect and P a ge 114 Improve Great Lakes Water Quality

COMMUNICATION ISSUES

NA

CONCLUSIONS

The IJCs recent reports describe water quality issues and concerns based on scientific findings being experienced in the nearshore zone along the Towns Waterfront Many of the IJCs recommendations reaffirm those identified in Counci l recommendations to the Federal and Provincial Governments

It is imperative that stronger safeguards and a strong accountability framework with regular reporting to municipalities and the public be key components of the revised Canada-US Great Lakes Water Quality Agreement in order to monitor the progress made toward achieving the shared binational goal of protecting and improving these finite diminishing freshwaters

Similar provisions need to be incorporated into the renewed Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem as well as the Ontario Great Lakes Protection Act now under development in a manner that ensures all governments work co-operatively and effectively to make measurable progress combating 21 sl Century threats to water quality

Therefore it is recommended that this staff report be endorsed

arbara Hodgms MCIP Senior Policy Planner

(~~~Paul A llore MCIP RPP Director of Planning and Development Services

Subject International Joint Commission Reports and Recommendations to Protect and Pa ge 112 Improve Great Lakes Water Quality

Further IJC Recommendations

1) Make programs that monitor measure and report on a meaningful set of core Indicators a priority in ecosystem management and continue during times of budget austerity

2) Support monitoring and assessment efforts along with sound science as the basis for making wiser management decisions and best using limited resources for restoration and protection ofGreat Lakes water quality and

3) Commit to improved monitoring measurements and reporting of both existing and emerging problems

Additionally the IJCs Draft Report emphasizes the need for the Canadian and US Governments to middot

bull renew their focus on reducing nutrient loads into the nearshore zone

bull provide reliable long-term funding for nutrient control programs

bull reinstate monitoring programs and provide regular reports on scientific findings and

bull better understand links between land sources the nearshore zone and offshore waters

Binational Webinar

On March 5 2012 staff joined in a binational public webinar to learn more about possible revisions to the GLWQA from representatives of Environment Canada and the US Environmental Proiection Agency

At the outset of the webinar the benefits of a revised GLWQA were described as being that the Federal governments have heard through public consultation conducted since 2004 the need to make revisions that reflect broader challenges and future impacts facing Great Lakes waters by taking steps to

bull More closely align binational programs bull Place greater emphasis on preventing damage in addition to responding to damage bull Preserve portions of the existing Agreement while undertaking significant streamlining

and bull Clarifying the roles for Provinces States First Nations Metis Tribes and the public

In the webinar presentation it was not specifically stated that revisions will be made to the GLWQA to formalize and clarify the roles of municipalities It was explained that Canadian and US negotiators are considering revising the GLWQA to take the following steps

bull Nutrients Continuing domestic regulatory programs pursuing science on nutrients including the role of Soluble Reactive Phosphorus and the effect of zebra mussels developing binational models for middot nutrient target-setting and continuing research surveillance and monitoring

Subject International Joint Commission Reports and Recommendations to Protect and P age 113 Improve Great Lakes Water Quality

bull Chemicals of Mutual Concern Continuing domestic regulatory programs promoting pollution prevention and binational information exchange and continuing research surveillance and monitoring

bull Habitat and Species Add ing direction to address habitat and species and ecosystem functions as endpoints for water quality management

bull Climate Change Impacts Adding commitments to co-ordinate scientific understanding and capacity building for non-federal partners regarding impacts on the Great Lakes

bull Aquatic Invasive Species Protecting Great Lakes water quality from aquatic invasive species including co-ordination of assessments and rapid response efforts and

bull Opportunities for Enhanced Engagement Expanding the binational Management Table publishing regular progress reports strengthening commitment to consult and co-ordinate and creating a Great Lakes Public Forum

Webinar partiCipants were advised that the proposed Revised GLWQA will undergo a legal review and then be approved by the Canadian and US Governments A Revised GLWQA is expected to be signed in Spring 2012 and subsequent made available to municipalities and the public

Official Plan Policies

In the Ajax Official Plan the Towns dependence on a healthy Great Lakes ecosystem and the water in Lake Ontario to maintain the high quality of life enjoyed in this community is recognized Through recently approved Official Plan Amendment No 38 the Official Plan acknowledges Lake Ontario as the Towns primary source of drinking water and as such states that the Town shall

a) Encourage and support timely effective actions by senior governments the IJC and others to improve and restore the quality of Lake Ontario and other Great Lakes Actions may be undertaken pursuant to treaties and legislation such as the GLWQA as well as new policies legislation and programs to address recurring and emerging concerns such as nutrients invasive species chemical contaminants including pharmaceuticals and personal care products and algal growth 0

~

b) Play an important role in advocating for and implementing water policies and programs based on knowledge of the dynamics of Lake Ontario changing ecological conditions at the landwater interface surface and groundwater regimesand local contaminant sources and

c) Curb contaminant emissions at sources within and near the municipality

In staffs view stronger Federal and Provincial Great Lakes water policy language and more coshyordinated and effective actions supported by reliable sustained financial support from senior governments is needed to support the Towns ongoing water quality studies and actions

FINANCIAL IMPLICATIONS

NA

Subject International Joint Commission Reports and Recommendations to Protect and P a ge 114 Improve Great Lakes Water Quality

COMMUNICATION ISSUES

NA

CONCLUSIONS

The IJCs recent reports describe water quality issues and concerns based on scientific findings being experienced in the nearshore zone along the Towns Waterfront Many of the IJCs recommendations reaffirm those identified in Counci l recommendations to the Federal and Provincial Governments

It is imperative that stronger safeguards and a strong accountability framework with regular reporting to municipalities and the public be key components of the revised Canada-US Great Lakes Water Quality Agreement in order to monitor the progress made toward achieving the shared binational goal of protecting and improving these finite diminishing freshwaters

Similar provisions need to be incorporated into the renewed Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem as well as the Ontario Great Lakes Protection Act now under development in a manner that ensures all governments work co-operatively and effectively to make measurable progress combating 21 sl Century threats to water quality

Therefore it is recommended that this staff report be endorsed

arbara Hodgms MCIP Senior Policy Planner

(~~~Paul A llore MCIP RPP Director of Planning and Development Services

Subject International Joint Commission Reports and Recommendations to Protect and P age 113 Improve Great Lakes Water Quality

bull Chemicals of Mutual Concern Continuing domestic regulatory programs promoting pollution prevention and binational information exchange and continuing research surveillance and monitoring

bull Habitat and Species Add ing direction to address habitat and species and ecosystem functions as endpoints for water quality management

bull Climate Change Impacts Adding commitments to co-ordinate scientific understanding and capacity building for non-federal partners regarding impacts on the Great Lakes

bull Aquatic Invasive Species Protecting Great Lakes water quality from aquatic invasive species including co-ordination of assessments and rapid response efforts and

bull Opportunities for Enhanced Engagement Expanding the binational Management Table publishing regular progress reports strengthening commitment to consult and co-ordinate and creating a Great Lakes Public Forum

Webinar partiCipants were advised that the proposed Revised GLWQA will undergo a legal review and then be approved by the Canadian and US Governments A Revised GLWQA is expected to be signed in Spring 2012 and subsequent made available to municipalities and the public

Official Plan Policies

In the Ajax Official Plan the Towns dependence on a healthy Great Lakes ecosystem and the water in Lake Ontario to maintain the high quality of life enjoyed in this community is recognized Through recently approved Official Plan Amendment No 38 the Official Plan acknowledges Lake Ontario as the Towns primary source of drinking water and as such states that the Town shall

a) Encourage and support timely effective actions by senior governments the IJC and others to improve and restore the quality of Lake Ontario and other Great Lakes Actions may be undertaken pursuant to treaties and legislation such as the GLWQA as well as new policies legislation and programs to address recurring and emerging concerns such as nutrients invasive species chemical contaminants including pharmaceuticals and personal care products and algal growth 0

~

b) Play an important role in advocating for and implementing water policies and programs based on knowledge of the dynamics of Lake Ontario changing ecological conditions at the landwater interface surface and groundwater regimesand local contaminant sources and

c) Curb contaminant emissions at sources within and near the municipality

In staffs view stronger Federal and Provincial Great Lakes water policy language and more coshyordinated and effective actions supported by reliable sustained financial support from senior governments is needed to support the Towns ongoing water quality studies and actions

FINANCIAL IMPLICATIONS

NA

Subject International Joint Commission Reports and Recommendations to Protect and P a ge 114 Improve Great Lakes Water Quality

COMMUNICATION ISSUES

NA

CONCLUSIONS

The IJCs recent reports describe water quality issues and concerns based on scientific findings being experienced in the nearshore zone along the Towns Waterfront Many of the IJCs recommendations reaffirm those identified in Counci l recommendations to the Federal and Provincial Governments

It is imperative that stronger safeguards and a strong accountability framework with regular reporting to municipalities and the public be key components of the revised Canada-US Great Lakes Water Quality Agreement in order to monitor the progress made toward achieving the shared binational goal of protecting and improving these finite diminishing freshwaters

Similar provisions need to be incorporated into the renewed Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem as well as the Ontario Great Lakes Protection Act now under development in a manner that ensures all governments work co-operatively and effectively to make measurable progress combating 21 sl Century threats to water quality

Therefore it is recommended that this staff report be endorsed

arbara Hodgms MCIP Senior Policy Planner

(~~~Paul A llore MCIP RPP Director of Planning and Development Services

Subject International Joint Commission Reports and Recommendations to Protect and P a ge 114 Improve Great Lakes Water Quality

COMMUNICATION ISSUES

NA

CONCLUSIONS

The IJCs recent reports describe water quality issues and concerns based on scientific findings being experienced in the nearshore zone along the Towns Waterfront Many of the IJCs recommendations reaffirm those identified in Counci l recommendations to the Federal and Provincial Governments

It is imperative that stronger safeguards and a strong accountability framework with regular reporting to municipalities and the public be key components of the revised Canada-US Great Lakes Water Quality Agreement in order to monitor the progress made toward achieving the shared binational goal of protecting and improving these finite diminishing freshwaters

Similar provisions need to be incorporated into the renewed Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem as well as the Ontario Great Lakes Protection Act now under development in a manner that ensures all governments work co-operatively and effectively to make measurable progress combating 21 sl Century threats to water quality

Therefore it is recommended that this staff report be endorsed

arbara Hodgms MCIP Senior Policy Planner

(~~~Paul A llore MCIP RPP Director of Planning and Development Services


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