Waste Management

It looks like the Campbell government has come up with a way to reduce the number of contaminated sites. Under the new Environmental Management Act which will replace the Waste Management Act, government can simply redefine what contaminated means! On March 18, 2003, the Ministry of Water, Land and Air Protection (MWLAP) released a discussion paper on special waste, and gave the public until May 2nd to respond. On May 13th the Environmental Management Act was introduced for first reading in the legislature. How's that for speedy consultation?

Since 1988 the Special Waste Regulation (63/88) gave meaning to part of the Waste Management Act when it came to determining what constitutes a contaminated site. Part of the definition of "contaminated site" says that it "means an area of land in which the soil or any groundwater lying beneath it, or the water or the underlying sediment, contains a special waste". A lengthy definition of special waste is then provided in the regulation. Examples of "special wastes" include PCB wastes, wastes containing dioxin, waste oil, and waste asbestos.

The new Environmental Management Act eliminates the concept of special waste, and it introduces a concept of "risk based" management of wastes. Whether another Love Canal or Sydney Tar Pond is coming to your neighbourhood depends on the Campbell government's assessment of risk. The new definition of "contaminated site" says that it "means an area of the land in which the soil or any groundwater lying beneath it, or the water or the underlying sediment, contains
(a) a hazardous waste, or
(b) another prescribed substance
in quantities or concentrations exceeding prescribed risk based or numerical criteria or standards or conditions." One of the reasons given in the Ministry's discussion paper for making this change is the "sustainability of the MWLAP special waste database system to track the movement of special
waste under limited ministry resources". In other words, budget cuts to the Ministry make it impossible to adequately protect the environment.

Before the government gives itself the power to declare sites safe by declaring them to be acceptable risks, it should provide the public with a list of all existing contaminated sites that would be redefined as safe under the new Act and regulations. BC Online maintains a registry of contaminated sites so the government has the data that would allow it to be open and honest with the public. A government website has been established on the new Environmental Management Act. It doesn't answer the hard questions.

Redefining "contaminated sites" is just one of many issues that arise from the new legislation. Government apologists for fish farms have often referred to the Waste Management Act as the authority for dealing with many of the consequences of the floating feed lots. Now the rules will change.

The Environmental Management Act will be on the Order Paper for the fall sitting of the legislature. The public has the summer to provide feedback to the government.