MOTION

Revision of GVRD Liquid Waste Management Plan File: 3753

At the Council meeting of April 10, 2001, Councillor Louis submitted the following Notice of Motion which was recognized by the Chair:

MOVED by Cllr. Louis,
SECONDED by Cllr. ,

WHEREAS on Mar. 28, 2000, Department of Fisheries and Oceans pollution officer Mike Nikl advised the GVRD that "their ( Liquid Waste Management) plan is not compatible with the Fisheries Act," and "the public has already told them (GVRD) they are willing to pay for sewage upgrades";

AND WHEREAS on Feb. 16, 2001, Fisheries and Oceans Regional Director Guy Beaupre advised GVRD Manager Ken Cameron that "It is our view that the (GVRD Liquid Waste Management) Plan currently does not address clearly the need to meet regulatory requirements in a timely fashion";

AND WHEREAS in February 2001, toxicity tests of effluents samples at the Iona and Lions Gate Sewage treatment plants conducted by Environment Canada found that discharges from both violate the Fisheries Act;

AND WHEREAS on March 15, 2001, SPEC president David Cadman advised Council that not amending the Liquid Waste Mangement Plan to upgrade the Iona and Lions Gate plants could violate the Fisheries Act;

AND WHEREAS on March 20, 2001, Environment Canada's Environmental Protection Branch advised the GVRD of the results of toxicity tests at Iona and Lions Gate and warned that the GVRD was not complying with the Fisheries Act;

AND WHEREAS on March 29, 2001, Sierra Legal Defence staff lawyer Tim Howard advised GVRD directors that "By failing to address long-standing problems of the facilities identified above (Iona and Lions Gate), the GVRD/GVS&DD are exposing themselves to potential liability under the Fisheries Act";

AND WHEREAS when Council adopted the GVRD Liquid Waste Management Plan on March 15, 2001, Council was not advised of concerns raised by the Department of Fisheries, nor was Council aware of Environment Canada's concerns about effluent discharge from Iona and Lions Gate;

AND WHEREAS GVRD Director and West Vancouver Cllr. Victor Durman, isseeking a legal opinion on GVRD liability if the Liquid Waste Management Plan is in violation of the Fisheries Act;

AND WHEREAS violations of the Fisheries Act may result in fines of up to $1 million a day;

THEREFORE BE IT RESOLVED that Council request that the GVRD revise the Liquid Waste Management Plan to implement provisions for upgrading the Iona and Lions Gate sewage treatment plants that will enable them to comply with the Canada Fisheries Act.

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(c) 1998 City of Vancouver