Sydney Tar Ponds

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Sydney Tar Ponds

• Sierra Club of Canada

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Pollution of a Tidal Estuary
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Pollution of a Tidal Estuary

• Sydney, Nova Scotia
• Stabilization / solidification (S/S) of 700,000
  tonnes of PCBs and sewage contaminated coal tars
  accumulated over 80 years of steel plant and
  coke oven operations
• phenolic compounds (PCBs etc) cannot be treated
  effectively with primary sewage treatment
• Municipality, EC, DFO, NS govt, Public Works,
  Transport Canada, Health Canada
• Has the public been involved? ongoing since 1996
  ..JAG, EA, Sydney Tar Ponds Agency

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Pollution

• What is the net effect on fish habitat?
• Contamination of habitat in watershed and
  Sydney Harbour from sewage runoff
• Evidence
• Contamination stress in fish sampled the site
• - abnormal fins and missing rays
• - right and left sides of the fish are
  developing differently
• (Dr. Martha Jones, UCCB)
• - other monitoring results

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Role of DFO Habitat Branch

• Fisheries Act
• 35. (1) No person shall carry on any work or
  undertaking that results in the harmful
  alteration, disruption or destruction of fish
  habitat.
• 36. (3) Subject to subsection (4), no person
  shall deposit or permit the deposit of a
  deleterious substance of any type in water
  frequented by fish or in any place under any
  conditions where the deleterious substance or any
  other deleterious substance that results from the
  deposit of the deleterious substance may enter
  any such water.

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Role of DFO Habitat Branch

• The challenge is to prevent further degradation
  of fish habitat during remediation.
• collection and proper treatment of the leachate
  and runoff during remediation
• Ongoing damage can be avoided with the regulatory
  oversight the EA review panel recommended in
  their final report

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Recommendations of Review Panel for DFO

• 15. Fish Migration The Panel recommends that
  NSEL and PWGSC require STPA to consult with DFO
  in the design of the Projects constructed
  watercourses and in the design of a long-term
  aquatic biodiversity monitoring study of the Coke
  Ovens Brook and Wash Brook watersheds.
• 19. Long-Term Monitoring of Sydney Harbour The
  Panel recommends that PWGSC, in consultation with
  NRCan, DFO, Environment Canada, and STPA, design
  a long-term monitoring program to document
  improvements in the environmental quality of
  Sydney Harbour. DFO should assume the lead for
  long-term monitoring.
• 41. Maximizing Aquatic Habitat Restoration as
  Part of Future Use Planning The Panel recommends
  that STPA, in consultation with NSEL, NSDNR, DFO
  and EC, develop a detailed habitat restoration
  plan for the Tar Ponds area, drawing the
  disciplines of remediation engineering and
  landscape architecture. The goal of the
  restoration plan is to increase the area of
  reclaimed estuarine habitat, while still enabling
  the effective encapsulation of contaminated
  sediments.
• 48. Federal Expert Advice The Panel recommends
  that PWGSC seek assistance from Environment
  Canada, Health Canada, Fisheries and Oceans
  Canada, and Natural Resources Canada to ensure
  that mitigation measures and a follow-up program
  are implemented.

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Recommendation 14 - Wastewater Treatment

• The Panel recommends that NSEL require STPA, when
  submitting information in support of approvals to
  discharge wastewaters to?Provide details of the
  wastewater treatment methods to be
  employed?Identify the contaminants to be treated
  and their related numerical discharge criteria
  and,?Provide information on how compliance with
  the requirements under Section 36 of the
  Fisheries Act would be demonstrated.
• Govt Canada (GC) Response The GC agrees in
  principle with the recommendation, noting that
  the majority of the recommendation pertains to
  NS. EC is responsible for the pollution
  prevention provisions of the Fisheries Act, and
  will work with NSEL to monitor environmental
  compliance in this regard, particularly as it
  applies to Section 36 of the Fisheries Act..
  Section 36 will be enforced in accordance with
  the Fisheries Act Habitat Protection and
  Pollution Prevention Provisions Compliance and
  Enforcement Policy.

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Recommendation 18 - Ecological Risk Assessment

• The Panel recommends that PWGSC require STPA to
  undertake a quantitative assessment of the risk
  of remedial activities to marine receptors within
  the South Arm of Sydney Harbour. The risk
  assessment should incorporate changes in the flux
  of contaminants from the Tar Ponds during and
  following completion of the Project.
• Govt Canada (GC) Response The GC agrees with
  the recommendation and will ensure that a
  quantitative assessment of risk of remedial
  activities to marine receptors be undertaken.
  Existing data will be considered in the conduct
  of this initiative.

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May 2007
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Role of Habitat Branch

• How has DFO been involved, if they have at all?
• through the EA process and monitoring
• What was the response? _________
• Timing of response? after 80 years of pollution
  .
• Enforcement action? No fines were issued
• Documentation of destruction? yes
• Impact on proponent / activity? none
• Was the Fisheries Act broken? yes

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Challenges

• - monitoring for effects will need to be
  long-term (first date of report, according to
  review Mar. 2008, with monitoring until 2039)
• - dealing with multitude of organizations and
  departments
• - CESD, 2002 estimated 10,000 contaminated
  sites across Canada
• - Sydney tar ponds fatigue

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Possible Solutions

• How could fish habitat damage been avoided?
• DFO should have included this contamination
  problem in their review of the remediation plan
• Can it still be avoided?
• Yes work better with local government and EC to
  treat runoff implement recommendations of review
  panel
• What is the net effect on fish habitat?
• Long-term, widespread contamination of habitat