While federal environmental enforcement is less frequent these days, the fines imposed are getting larger. The small town of Ponoka, Alberta (population about 7000) was fined $70,000 after pleading guilty to one count under the Fisheries Act. The Town was releasing effluent from their wastewater lagoon in the Battle River, as permitted by the Province, but was charged for doing so by the federal department of Fisheries and Oceans. Town officials felt they were caught between inconsistent regulations of the two levels of government.
As frequently happens with federal environmental enforcement, I’ve seen no evidence that DFO warned the Town before charging it, or made any effort to coordinate its regulations with the provincial ones. This makes poor enforcement policy, especially with public bodies like municipalities. Prosecute deliberate defiance, by all means, but why not first make the rules clear and consistent, and give organizations a reasonable opportunity to comply with them?
{ 3 comments… read them below or add one }
Without clear goalposts, no-one knows where to kick the ball. Nobody wants pollution, but it is only fair that clear rules are defined, understood and that time is given to comply with them.
I don’t agree that the Fisheries Act is not co-ordianated with the Provincial approval. The CCME regs are very similar to the Alberta regs. See the following: http://bit.ly/xsKEdU
The Ontario (MOE) approach is to allow a zone of non-compliance (mixing zone) but not to be used as an alternative to treatment. This takes into account the receiver's ability to assimilate the discharge without affecting the natural functions of the stream. The Fisheries Act is an absolute end of pipe restriction regardless of the impact (if any) on the receiver. Also, there are no minimum standards for municipal wastewater discharges set out in a Regulation – only in a policy, which is then imposed on the municipality (on a site-specific basis) through an approval under the Ontario Water Resources Act (OWRA).