[All] Using EBR to secure standardized Ontario municipal spills response protocols

[Louisette Lanteigne]

Hi folks
Last year I witnessed a spill in the Humber river and secured docs with Freedom of Information from the Toronto Fire Department, the Ministry of Ontario's Spills Action Centre and the City of Toronto's Water Services. Recently I sought expert opinion which flagged the fact the issue was handled in an illegal manner.  

Procedurally I had two choices, either take the issue on in court or use the Environmental Bill of Rights to propose new legislation to prevent it from happening again so this week I have submitted my EBR request for provincially standardized spills response protocols using the Humber spills as the example on why the laws are needed.
The documents I secured using FOI revealed the following facts: 
1. First responders ie: Fire and police have full jurisdictional powers above MNR when it comes to handling the issue since they have a duty to protect public safety. Problem is these are MUNICIPAL agencies and they can do certain acts to hide municipality liablity. They can delay investigations or communications with MNR or other parties. They can simply allow chemicals to flow away unobstructed as a means to hide evidence or reduce fines etc. They can keep witnesses away or downplay the issue via media.  It is important to note that fire and police are run by municipalities. If a city cuts a pipeline during construction or spills something themselves, it is a biased system of response.  I have evidence to prove that the City of Toronto directed staff to not speak with the Ontario Spills Action Centre. That is illegal. 
2. The City of Toronto Fire Dept. stated they didn't have booms big enough to go across the Humber River so the initial spill simply floated away. 
3. Conflicting stories exist on the location of the spill. Source was never identified. 
4. Enbridge gives donations to figher fighters and communities all along Line 9. 
5. Media reports show Fire Fighters stating it was a Hazmat 2 oil spill from a high pressure pipeline.  Later on the same folks state it is an "unknown" chemical.  Meanwhile reports show how booms and vac truck were used for the Humber Spill and Vac truck operators told me they cannot even empty the truck without confirming the chemical type. There is no plausible deniability. They know what this solvent is.
6. There was no follow up for deleterious impacts on aquatic communities. I went back in August and found dead things.
7. In August I went back, took a water sample and found the same solvent still in the area.  
8. I called the NEB in August to tell them I still found this gas like solvent in the water and found out they were not previously notified of this event.

9. They sent me a map showing four pipelines in proximity to where I observed the spill including Line 9. This solvent may have come from any one of the four. 
10. I requested the NEB or MNR facilitate a bore hole test to rule out pipeline leak and both agencies refused. 
The flaws of the process included these four basic components: 
-Delay of communications-Lack of coordinated response-Lack of evidence/proof of causality-Lack of response to prevent further damages. 
I am using the Environmental Protection Act to facilitate the creation of a standardized Municipal Spills Response to facilitate the following: 
-The establishment of a centralized communications bridge with Spills Action Centre, Municipalities (Water services & emergency services of all affected communities downstream) Conservation authorities, First Nations communities, Technical Safety Bureau (The TSB has the duty to engage the NEB according to the provicial MOE) and other agencies. -centralize data on causes, solutions so we can flag trends, advance clean up protocols, provide resources where they are lacking etc. -facilitate municipal audits to take inventory of spills response materials to make sure communities have appropriate number and size of booms etc. in good working order.  -Schedule spills response drills in winter and summer, keeping in mind ruptures are more likely to happen with ice jam scouring and issues related to early spring floods. 
There are many more issues but that's it in a nutshell. 
I'll keep you up to date on how that goes. 
Lulu :0)

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