Maintaining SuperNatural BC for Our Children - CoalWatch Comox ...

More documents

Recommendations

Info

15. Re-Regulating Private SepticSystemsBy Morgan Blakley and George BryceTo protect public health from potentially dangerous small scale sewage andseptic systems, the Sewerage System Regulation (SSR) requires substantialreform.In 2005, the Liberal Government implemented the SSR to deregulate thesesmall-scale sewerage systems. The SSR removed government oversight overthe design, construction and approval of these systems, and replaced it with anunproven self-regulatory model. British Columbia became virtually the onlyNorth American jurisdiction that does not require a government official toexamine a sewerage system before it goes into use.The SSR now grants a practice monopoly to engineers and wastewaterpractitioners to plan, construct and maintain private septic systems.Wastewater practitioners who sell a system have been given the power to“legalize” the same system. This conflict of interest encourages installation onunsafe lots and has caused system prices to skyrocket. The private monopoly74Maintaining SuperNatural BC: Selected Law Reform Proposals
has led to such an increase in costs that the Union of BC Municipalitiespassed a resolution demanding change. More important, it created health andenvironmental risks, documented in the 2009 ELC/SSR Improvement Coalitionreport, Reforming the Regulation of BC’s Sewerage Systems: An UrgentNeed to Protect Public Health.The SSR replaced specific rules for these systems with a vague, discretionaryand unenforceable Standard Practice Manual. While the SSR was promotedas an attempt to encourage innovation and allow development of previouslyunsuitable locations, essential rules to protect health and environment werelost in the process. The resulting guidelines provide little material protectionfor public health or the environment.For example, the SSR dropped the longstanding requirement for a 30-metresetback from wells. After objections by the ELC and others, a 2010 amendmentreintroduced the 30-metre setback – but a lesser setback can still be granted bya professional hydro-geologist. Still missing from the SSR is vertical separationfrom the bottom of the system to groundwater or an impermeable barrierand horizontal setback to fresh water; both of these had been in the earlierregulations for decades.Today, system installation can begin right after plans are filed. The SSRstripped neighbours of the right of notice about the system – and the right toappeal its installation. As a result, owners of adjacent or affected propertiescannot mitigate potential harm from a poorly designed system.The 2005 SSR stripped health authorities of the power to stop a flawed systemfrom being built – even if they suspected it could became a pollution hazard.In response to ELC objections, in 2010 the SSR was amended to allow healthauthorities to act on proposed construction if “in the opinion of a healthofficer” it may cause a health hazard. However, since prescriptive rules havebeen replaced by industry-determined and self-approved standard practice,intervention by the authorities is still difficult and controversial.The process often leads to arguments between the authority and the engineeror wastewater practitioners. These arguments often end up with the authorityeventually having to present its concern to the regulatory bodies – or worse,While the SSR was promoted as an attempt toencourage innovation and allow development ofpreviously unsuitable locations, essential rulesto protect health and environment were lost inthe process. The resulting guidelines providelittle material protection for public health or theenvironment.Maintaining SuperNatural BC: Selected Law Reform Proposals 75
Page 2 and 3:
2Maintaining SuperNatural BC: Selec
Page 4 and 5:
MAINTAINING SUPERNATURAL BC FOR OUR
Page 6:
ContentsA. Planning and Environment
Page 9 and 10:
Note that many of the articles refl
Page 11 and 12:
A. Planning and EnvironmentalAssess
Page 13 and 14:
• Destroy an important cultural a
Page 15 and 16:
For more information, see:Environme
Page 17 and 18:
will result from the interaction of
Page 19 and 20:
3. Land Use Planning for Nature,Cli
Page 21 and 22:
The cumulative effects of human act
Page 23 and 24: Implement and sustain monitoring pr
Page 25 and 26: B. Regulating IndustriesMaintaining
Page 27 and 28: the vast majority of the province,
Page 29 and 30: capability, fisheries sensitive wat
Page 31 and 32: ∘∘∘∘Nations’ land claims,
Page 33 and 34: Limiting Mining Minister’s Discre
Page 35 and 36: • Since 1998, Ministry of Environ
Page 37 and 38: 7. OIL AND GAS: Reforming Oil andGa
Page 39 and 40: drilled as close as 100 metres to a
Page 41 and 42: Oil and gas companies can drill on
Page 43 and 44: 8. OIL AND GAS: It’s Time to Regu
Page 45 and 46: found in one of BC’s main fields,
Page 47 and 48: files/publications/Oil%20and%20Gas%
Page 49 and 50: - from strengthening corporate timb
Page 51 and 52: New mechanisms for local self-deter
Page 53 and 54: C. Protecting Wildlife & WaterMaint
Page 55 and 56: wintering ground or stopover. Unlik
Page 57 and 58: On The Edge: British Columbia’s U
Page 59 and 60: Given that all water systems (both
Page 61 and 62: water as a public resource that the
Page 63 and 64: 12. Protecting Fish in British Colu
Page 65 and 66: This gutting of fish protection law
Page 67 and 68: 13. Privatizing Salmon Protection:T
Page 69 and 70: uilt on roughly one-third of the pr
Page 71 and 72: This policy lurch makes it even mor
Page 73: Planning must involve robust public
Page 77 and 78: For more information, see:Reforming
Page 79 and 80: fail to co-ordinate regulatory effo
Page 81 and 82: • Powers to enter into agreements
Page 83 and 84: D. The Urban EnvironmentMaintaining
Page 85 and 86: coordinating land use, transportati
Page 87 and 88: 18. Protecting Natural Areas in our
Page 89 and 90: stewardship isn’t just a matter o
Page 91 and 92: of less than 20 cents on the dollar
Page 93 and 94: of-way. The resulting greenways net
Page 95 and 96: 20. Reinventing RainwaterManagement
Page 97 and 98: LID effort in North America - a com
Page 99 and 100: E. PollutionMaintaining SuperNatura
Page 101 and 102: pumped oil into a Saanich basement
Page 103 and 104: 22. Reforming Contaminated SitesLaw
Page 105 and 106: of Compliance (COC) approvals. The
Page 107 and 108: F. Climate Change andEnergyMaintain
Page 109 and 110: Meanwhile, Environment Canada’s s
Page 111 and 112: 24. In Defence of the Carbon TaxBy
Page 113 and 114: over. BC’s carbon tax is still no
Page 115 and 116: generations of BC ratepayers and ta
Page 117 and 118: William Andrews is a BC lawyer who
Page 119 and 120: happen when people heat their homes
Page 121 and 122: G. Ensuring Justice forNatureMainta
Page 123 and 124: • In 2003, the public’s right t
Page 125 and 126:
Regulation Improvement Coalition an
Page 127:
to provide the courts with the best
Page 130 and 131:
perhaps the people can. By putting
Page 132 and 133:
Chris Tollefson (D. Gilliland and J
Page 134 and 135:
British Columbians must have the ri
Page 136 and 137:
for both present and future generat
Page 138 and 139:
that SLAPPs have a range of negativ
Page 140 and 141:
Anti-SLAPP Advisory Panel: Report t
Page 142 and 143:
An Environment Commissioner would p
Page 144 and 145:
144 Maintaining SuperNatural BC: Se
Page 146 and 147:
33. Reliance on QualifiedProfession
Page 148 and 149:
Does this new approach have an adeq
Page 150 and 151:
34. Reforming Freedom ofInformation
Page 152 and 153:
ecords in relation to such a ‘pro
Page 154 and 155:
Information and Privacy Commissione
Page 156 and 157:
Gord McAdams was a “whistleblower
Page 158 and 159:
could result. The legislation shoul
show all

Maintaining SuperNatural BC for Our Children - CoalWatch Comox ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?