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Bridge Over Troubled Waters


By Richard Drinnan, M.Sc., Guest Columnist – Kelowna Daily Courier, October 26, 2008


In a recent article on the plan to sink the old bridge into Okanagan Lake, Ministry of Transportation project manager, Jon Buckle implied that I was being unfair when I characterized the plan as one that turns our drinking water reservoir into a landfill site.

I think landfill is the best word to describe the plan to dump 100,000 metric tons of concrete and steel in the lake or anywhere else. It’s a huge amount of rubble.

Buckle also stated that the public environmental review process for the project I have been seeking since 2005 is not as relevant as the work the ministry is doing now to assess the issue of drinking water quality.

I disagree. I want to set the record straight and outline the approach taken by the Ministry of Transportation, the Ministry of Environment and the federal Department of Fisheries and Oceans to publicly review this project.

For 12 years the BC Ministry of Transportation has done everything it can to avoid openly assessing the environmental and human health risks associated with the Decommissioning Phase of the Okanagan Lake Bridge Project.

From the earliest planning stage, the ministry recognized that the decommissioning had the greatest environmental and safety risks because the pontoons could sink accidentally in shallow water or damage the new bridge while they were being disassembled and towed to the graving dock up the lake. Both events would be costly to mitigate.

Knowing these risks, the ministry failed to include the decommissioning phase in its 1996 environmental overview report fearing the risks might raise unwanted public concerns on a number of issues and add significant delay to the project. These issues included severing the highway link across the lake, creating navigational hazards, various environmental damages and project cost overruns. Among the environmental concerns were the impacts on fish and wildlife, water quality and human health.

This report was an important document used by the ministry in its 1996 public consultation to gain public acceptance for the project. By omission, it did not address public policies for land and water uses and hid the fact that the project might use our drinking water reservoir as a dumpsite for the old bridge.

A 1997 report by the Ministry advised its engineering team that the project should completely avoid a review under the BC Environmental Assessment Act. It stated:

“The Okanagan Lake Bridge would take approximately 30 months to go through the two (review) stages, and would invoke a great deal of interest in future population growth, land use decisions and air quality concerns for the Okanagan Valley. Having to develop answers to these questions moves the study out of the traditional role of the engineering project manager. The bigger question that would be difficult to answer is how the Ministry could effectively develop mitigative strategies for issues that are so far removed from the Ministry's mandate. If this replacement project is placed under the review process, then the methodology will become apparent. The BCEAA promises to make it an interesting and challenging process for transportation engineers.”

To avoid this detailed public review, ministry engineers subsequently designed the project to fall below the two-hectare impact footprint that would trigger a BCEAA review. The Ministry then applied for and received a project exemption from the BC Ministry of Environment to exclude the project from a detailed public review of the project’s environmental and health risks. It used the grounds that the project did not meet the necessary trigger for a reviewable project.

Knowing the project would not be publicly reviewed, the Ministry’s 2001 Lake Sediment Study for the project did not collect and analyze sediments from the proposed dumpsites in the lake.

The Ministry’s 2001 Final Environmental Report on the project also avoided a detailed assessment of the disposal options for the old bridge during the Decommissioning Phase stating:

“The contractor will develop the construction and decommissioning methodologies; however, all activities will be done in an environmentally acceptable manner, using best management practices.”

The 2004 tender documents the Ministry sent to bridge contractors stated that federal Authorization to sink the old bridge was not guaranteed and that bids should contain cost estimates for both on-land and in-lake disposal options.

A 2005 report the ministry sent to the BC Treasury Board stated that the decommissioning phase had high levels of risk but that both on-land and in-lake disposal options were manageable, were within the ministry’s budget and could be managed so they would not jeopardize the project.

The Ministry of Transportation’s 2005 consultation summary report was sent to the federal Department of Fisheries and Oceans to show that the public had been consulted on the project. The report failed to mention that disposal options for the old bridge were not discussed with the public, First Nations, local governments and federal and provincial agencies.

The DFO 2005 environmental screening review of the project for the Canadian Environmental Assessment Agency was restricted and limited to an assessment of the impacts to fish and wildlife. The review focused on DFO maximizing compensation payments for fish habitat damage during the project and on habitat restoration. DFO did not conduct any studies of the project. Rather, it used the 1996, 2001 and 2005 Ministry of Transportation reports mentioned above as the basis for their review. These reports failed to review the decommissioning phase.

At no time did other federal and provincial agencies assess the disposal options for the old bridge. There was no review of the potential impacts to drinking water supplies, human health, livestock or crops that may result when the old bridge was dumped into our water reservoir. Environment Canada had a limited role in the review of wildlife impacts but was not asked to consider impacts to the drinking water supply.

In 2005, the federal Department of Fisheries and Oceans authorized the project, including plans to sink part of the old bridge in exchange for financial compensation for fish habitat damages. This Authorization allowed the Ministry of Transportation to impact a maximum footprint below the high water level totaling 2.12 hectares. Five months later, DFO authorized a ministry request to increase the impact footprint to 2.28 hectares. A 2006 amendment reduced the authorized the impact area to its current 2.26 hectares. By early 2008, the ministry decided to sink the entire bridge. Their consultant’s memo recommends an amendment to the DFO Authorization to increase the impact footprint area to 2.86 hectares. If this amendment is authorized, the below high water level impact footprint of the project will have increased .74 hectares, or 43% above the BCEAA trigger limit without due public review accountability.

For 12 years, the Ministry of Transportation has avoided public scrutiny and a detailed technical review of the decommissioning phase because it knew this phase would cross the two-hectare limit that triggers a complex public review under the BC Environmental Assessment Act.

Today, the Ministry continues to avoid its public responsibilities by not upholding public land and water use policies that protect Okanagan Lake from being used as a dumping ground for industrial wastes. Plans for on-land disposal are viable options that are not being considered.

The Ministry of Environment, who erroneously exempted the project from public review in 2001, also continues to avoid any obligation to reverse its 2001 decision and publicly review the decommissioning phase of the project.

The federal government is also refusing to assess the decommissioning phase. The Canadian Environmental Assessment Agency and DFO refuse to re-open the federal screening review process, which they can legally do. Federal Minister of Public Safety, Stockwell Day, and Ron Cannan are local MPs who constituents drink water from Okanagan Lake. They have not acted on requests to have the federal Minister of Environment, John Baird, intervene and instruct CEAA to re-open the review.

The Ministry of Transportation has never brought forward any detailed-level engineering, environmental and health risk assessments of plans to sink the old bridge for public review. Current reports are conceptual in nature. There is little, if any, environmental data from which to scientifically assess the impacts that contaminated bottom sediments will have on the water supply and on human health when 100,000 metric tons of concrete hit the bottom of the lake travelling at 43 kilometers per hour.

The federal and provincial environmental review processes exist to ensure issues of public concern are addressed - not avoided.

What is relevant is that the Ministry of Transportation has intentionally avoided statutory review processes that would publicize concerns about land use and health risks in favour of financial self-interest.

Public officials at all levels of government must act quickly to protect the land and water uses of Okanagan Lake. The ministry plans sink the old bridge before Christmas 2008.

Okanagan residents must decide if they want their water reservoir to be used as a landfill. Once approved, landfill will become a common practice in the lake.

Concerned residents should contact their Mayor, their MP and their MLA and request action to stop plans to sink the old bridge until all the disposal options have been publicly reviewed. The best disposal option will be the one that has the least impact on the environment and on human health over the long-term.

The option that is chosen should be chosen because it is in the public interest, is a matter of public convenience and necessity and meets public policies to protect drinking water supplies and public health.

Richard Drinnan is a retired ecologist who lives in Kelowna, BC. He developed the environmental review processes used by the governments of Canada and Alberta.



 




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