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Walkerton Inquiry
 

 
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The Honourable Dennis R. O’Connor
Commissioner
Walkerton Inquiry
180 Dundas Street West
22nd Floor
Toronto, ON
M5G 1Z8

Attention: Nicole Caron, Town Hall Submissions

Dear Mr. O’Connor

RE: Walkerton Inquiry – Peterborough Town Hall
Meeting on April 10, 2001

Allow me to introduce myself. I am Steve Clancy, president of Local 308 of the Ontario Public Service Employees Union (OPSEU). I am a correctional officer with the Ministry of Correctional Services at the Peterborough Jail.

I wish to make a presentation to the Peterborough Town Hall meeting tonight on behalf of the staff at the Peterborough District Office of the Ministry of Environment (MOE). They are members of my local.

I am making this presentation on behalf of the Ministry of Environment staff in Peterborough because they believe, notwithstanding the whistle blowing legislation, that they might face repercussions from their employer if they speak out. Since their concerns arose, the employer has issued clarifications stating that they can participate without fear of retribution. Regrettably, the employees still feel concerned, so I am speaking for them.

The Peterborough District Office reports to the Eastern Region office of the Ministry of Environment in Kingston. The Peterborough District Office has five senior environmental officers, two junior environmental officers, two Investigations and Enforcement Branch officers, two administrative staff, one area supervisor, one district manager and one regional engineer, for a total of 14 staff. OPSEU represents all staff except for the two managers and the engineer.

The Peterborough District Office’s geographic area of responsibility includes the city of Kawartha Lakes (formerly Victoria County) and Haliburton, Peterborough and Northumberland Counties.

For years Peterborough has been synonymous with the pilot testing of consumer products given Peterborough’s representative cross-section of the buying market.

Likewise, the Peterborough District is compromised of the full gambit of potential environmental polluters, ranging from private, commercial and industrial to agricultural sources. This spectrum of potential pollution sources places an unyielding demand upon the Ministry staff to be current and knowledgeable of all applicable environmental legislation.

As a rule, most of the larger municipalities in our area take their drinking water from surface water – lakes and rivers, in other words. These municipalities include Lindsay, Peterborough, Cobourg, Port Hope, Brighton, Campbellford, Hastings, Bobcaygeon and Fenelon Falls.

Smaller municipalities in our area use communal wells. They include Colborne, Grafton, Woodville and Havelock.

The smaller municipalities don’t have the expertise to operate their water works. The Ontario Clean Water Agency (OCWA) operates their water works. Non-management staff at OCWA are members of OPSEU as well.

The larger municipalities such as Peterborough, Campbellford, Port Hope and Cobourg operate their own water works.

Regarding ground water, prior to 2000, the Ministry of Environment had significant problems resulting from drought. They received a lot of complaints from the public about their wells running dry and taking a long time to replenish with water.

One of the problems is that the Ministry of Environment staff don’t know the size and extent of the aquifers which provide the ground water.

Agriculture run-off is an issue in our area. Nitrates migrate off the farm property, get into the aquifer and contaminate municipal/private well water supplies. The villages of Woodville and Oakwood have experienced this kind of contamination of their water supply.

Just as the contamination of Walkerton’s municipal water supply has been attributed to agricultural practices, Peterborough, too, has experienced the contamination of private well water supplies, directly attributed to the mismanagement of agricultural waste.

I now want to turn my comments to the challenges faced by staff at the Peterborough District Office.

The overwhelming challenge is workload. Environmental Officers (EO’s) in the Abatement Section are considered the front line of the ministry. They are responsible for ensuring legislative compliance of the Ontario Water Resources Act, the Environmental Protection Act, the Pesticides Act, associated regulations, guidelines and policies. Some of the program areas that they are responsible for include:

Municipal and private communal water treatment facilities

Municipal and large private sewage treatment facilities

Solid, non-hazardous waste disposal sites

Utilization of biosolids and septage on agricultural land

Liquid industrial waste and hazardous waste storage, transportation and disposal

Pesticide Storage and Application

24 hour spill response (to ensure satisfactory clean up)

Permits to Take Water – such as water bottling plants, aquaculture operations

Groundwater and surface water quality and quantity complaints

Industrial noise and odour complaints

Air quality complaints

Clean up of contaminated sites/abandoned properties

Industrial wastewater discharges

For example, if there is a spill, environmental Officers in the Abatement Section are responsible for ensuring prompt and efficient clean-up through voluntary or

mandatory compliance initiatives. They must also follow up to ensure the clean-up has happened as required. In instances of historical contamination on site specific properties, it is the environmental Officer who is often responsible for ensuring that appropriate remediation or restoration of the contaminated site is effected.

The Ministry devises annual work plans for each office. In addition to being responsible for carrying out a heavy workload of assigned duties, such as inspection programs, Environmental Officers must respond to and follow up on all calls and complaints of environmental violations coming into their office.

There is simply not enough staff to do the work.

Ministry of Environment staff initially received a directive this month that they would be expected to do inspections of sewage treatment facilities by the end of September. Reconsideration of this decision was given, undoubtedly due to the lack of available resources and training, returning to the former prescribed inspection frequency of once every four years unless non-compliance issues dictate otherwise. This intense frequency of sewage plant inspections would have been in addition to the next scheduled round of annual inspections of all the water treatment plants.

Staff continue to wonder how this work is going to be achieved given its current workload.

The Ministry is hiring 25 Junior Environmental Officers on a 2 year contract basis across the province to help out with the water treatment plant inspections. Staff point out that, based on the lack of previous training opportunities within the ministry, these junior staff are not likely to receive the level of training necessary to carry out these sensitive inspections. One cannot help but wonder what is to happen at the end of two years when the number of staff shrink to the numbers they are experiencing today at a time when a strong public awareness demands a strong regulatory force to ensure a totally reliable and healthy water supply.

Another major concern of Ministry of Environment staff is the fact that the Ministry operates by jumping from crisis to crisis. Long-term planning efforts, attempting to allow the Ministry to fully and properly carry out its mandate to protect the sustained quality of the natural environment and to safeguard the natural ecosystems and human health, have been unsuccessful due to the limited number of staff to implement the Ministry’s various programs.

This fact is widely acknowledged and has resulted with the Ministry having to develop and implement an internal response protocol, known as "Delivery Strategies". In some circles, this is simply referred to as downloading and often falls into the responsibilities of lower tier government and/or private "fee-for-service" companies.

Even with the implementation of the Ministry’s delivery strategies, programs that were not considered to be a priority in the past, have now come forward as proof positive that the people of Ontario cannot become complacent and assume that our quality of life is something that is a god given right.

ONE ONLY HAS TO LOOK AT THE TRAGEDY OF WALKERTON TO UNDERSTAND THE MEANING OF THIS STATEMENT.

Staff at the Peterborough District Office of the Ministry of Environment say that morale is low. They are committed to their jobs. They have the experience as evidenced by the fact that three employees in the Peterborough office each have 25 years of experience within the Ministry. The Peterborough staff continue to cope with an overwhelming workload. Due to ever-changing regulations and legislative requirements, proper training and direction from management is often convoluted and grossly inadequate. The combination of these elements is a very real source of stress and frustration for staff who really want to do the right thing. Due to a lack

of resources however, the situation simply continues to compound itself and the Ministry continues to react to the crisis of the day.

Thank you for allowing me the opportunity to express the views of the

Ontario Public Service Employees Union members that work at the Ministry of the Environment Office in the Peterborough Area. I hope that through the presentations tonight coupled with other presentations made throughout the Province this will enable the inquiry to make recommendations that will place preventative measures and safeguard mechanisms in place so that the unfortunate Tragedy that happened to the residents of Walkerton never happens to any other community.

Respectfully

Steve Clancy
OPSEU
Local 308
President

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Ontario Public Service Employees Union, 100 Lesmill Rd. Toronto, ON M3B 3P8  (416) 443-8888  www.opseu.org