Often cheaper than conventional pipes and concrete,LID provides additional benefits – it adds urbangreen space and recreational areas, cleans water andair, and makes the community more attractive.Stormwater has destroyed our urban salmon streams. Its high velocity erodesstream banks and destroys spawning beds. Its toxins kill fish. And stormwaterculverts block fish migration.At one time, salmon in Victoria’s Colquitz Creek were so thick farmers spearedthem and scattered them on fields <strong>for</strong> fertilizer. Over 30 streams in Vancouverwere chock full of the big fish. But stormwater has turned these bountifulcreeks into drainage ditches. Local restoration groups regularly see theiref<strong>for</strong>ts washed away by stormwater surges and toxins.Polluted runoff has also closed many of the shellfish beds near our cities. Inaddition, stormwater runoff has now been documented as the chief sourceof PCB contamination in orcas – one of the main threats to survival of thatendangered species. Stormwater washes PCBs off of roofs and other surfacesand delivers the chemicals to fish at the bottom of the orca’s food chain.Recent scientific studies draw the link between runoff and survival of thisregion’s most majestic animal.All the above problems are the legacy of our obsolete 19 th century stormwatermanagement system – a system that fails to respect natural systems andwater cycles. However, rainwater management practices have recently beendeveloped that make the 21 st century Green City possible.Instead of relying heavily on pipes and concrete, this new approach reliesupon soil, trees and open space to naturally absorb, store, evaporate and filterrainwater. This Low Impact Development (LID) approach mimics the naturalwater cycle – allowing water to infiltrate down through the soil and slowlyrelease into the watershed.Engineers, developers, and governments across North America are adoptinggreen rainwater management techniques – including porous pavement, brickpavers, narrower streets, sidewalk planter boxes, replacing curbs and gutterswith grassy boulevards and swales, improving soil absorption, retention ponds,rain gardens, and green roofs. Such LID techniques are now required <strong>for</strong> allnew development in western Washington State.Often cheaper than conventional pipes and concrete, LID provides additionalbenefits – it adds urban green space and recreational areas, cleans waterand air, and makes the community more attractive. In fact, a Philadelphiastudy concluded that the LID approach provided 23 times the totalsocial, environmental and economic benefits of conventional stormwatermanagement. The City of Philadelphia recently launched the most ambitious96<strong>Maintaining</strong> <strong>SuperNatural</strong> <strong>BC</strong>: Selected Law Re<strong>for</strong>m Proposals
LID ef<strong>for</strong>t in North America – a comprehensive plan to “peel back thepavement” and convert the city into an urban oasis.<strong>Our</strong> provincial and local governments need to adopt a similar strategy. For itspart, the province needs to encourage local governments to move <strong>for</strong>ward onthis issue. The province should:• Follow the example of Washington State and require Low Impacttechniques <strong>for</strong> all new developments – and create a long-term plan toretrofit developed urban areas with green infrastructure;• Mandate each region and municipality in the province to establishIntegrated Watershed Management Plans <strong>for</strong> dealing with rainwaterthrough modern green techniques. Planning must take place at awatershed scale – it won’t work if Oak Bay protects Bowker Creek andVictoria and Saanich fail to protect their portions of the same watershed;• The watershed plans should integrate planning <strong>for</strong> stormwater withplanning <strong>for</strong> water supply and sewage to ensure the most efficient use ofthe precious water resource;• The watershed plans should be required to set the following mandatorytargets:∘∘∘∘Elimination of stormwater discharges rated “high” <strong>for</strong> public healthconcern by 2017;Elimination of discharges rated “high” <strong>for</strong> environmental concern by2017; and∘∘Making fish and shellfish near urban areas edible by 2035.• To meet the targets, we must fix the old pipes that allow sewage to mixwith storm water and flow onto our beaches. LID will reduce this problem,but money is still needed to fix the pipes. Cities such as Portland havesuccessfully shifted such stormwater financing from property taxes to a“user pay” system, which encourages homeowners to reduce their runoff,saving both the homeowner and government money. The city of Victoriais adopting such a user-pay system, and the province should encourage thisapproach across <strong>BC</strong>.It is clearly time <strong>for</strong> a change in the way that we manage stormwater. If weact now, our grandchildren will benefit dramatically. They’ll be able to walkon beaches free of stormwater fecal contamination. From those clean beachesthey’ll be able to spot the occasional orca, still wild in the Straits. They willwalk along the banks of local urban streams, awed by the magic of restoredsalmon runs. They will harvest shellfish from long-closed shellfish beds.We can do all of this – but the province and local governments must first takeaction and establish a rainwater management strategy.Calvin Sandborn is the Legal Director at the Environmental Law Centre.Oliver M Brandes is the Water Sustainability Project Leader and Co-Director ofPOLIS Project on Ecological Governance. A <strong>for</strong>mer ELC Clinic student, he is acurrent ELC Associate.<strong>Maintaining</strong> <strong>SuperNatural</strong> <strong>BC</strong>: Selected Law Re<strong>for</strong>m Proposals 97
- 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 and 74: Planning must involve robust public
- Page 75 and 76: has led to such an increase in cost
- 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: 20. Reinventing RainwaterManagement
- 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