News

MaCanada Investigated by NAFTA Watchdog
The Commission for Environmental Cooperation (CEC) announced that it is launching an investigation following allegations that Canada is failing to enforce the Fisheries Act by allowing PCBs to leak into the St. Lawrence River near Old Montreal.

The allegations were made by a coalition of Canadian and U.S. nonprofit organizations in 2003. Lake Ontario Waterkeeper, Waterkeeper Alliance and partner organizations provided evidence that PCBs had been leaking from the Technoparc site into the St. Lawrence River for at least three years.
Environment Canada, the Canadian equivalent of U.S. EPA, defended its failure to complete an investigation or lay charges in a statement submitted to the CEC in November, 2003. In August, the CEC ruled that Environment Canada’s statement, “left open central questions” and ordered the creation of a factual record.

The CEC has indicated that its factual record will outline Environment Canada’s actions in response to the PCB leak. Its investigation will uncover how this kind of contamination occurs despite strong laws.

“The CEC’s finding in this case is groundbreaking because the NAFTA body will determine whether Canada is ignoring its own clean water laws,” says Mark Mattson, an environmental lawyer who investigated the Technoparc site. “The PCBs continue to leak into the river every day, and Environment Canada knows it. The Fisheries Act clearly prohibits this kind of pollution.”
The CEC’s investigation is unique because it is the first such investigation into water pollution in an urban setting.

“Montreal is one of Canada’s largest, most important cities,” says Mattson. “For the first time, residents in urban centers will see whether they have the same rights to clean water as the rest of the country.”

The Commission for Environmental Cooperation is an international organization created to address regional environmental concerns, help prevent potential trade and environmental conflicts and to promote the effective enforcement of environmental law. Its work is intended to complement the environmental provisions of the North American Free Trade Agreement (NAFTA).

Mark Mattson is president of Lake Ontario Waterkeeper and an investigator of the Technoparc site.

Hurricane Frances Meets the French Broad
Hurricane season has hit the Southeastern U.S. hard this year. Hurricane Frances ran into the mountains of western North Carolina flooding the French Broad River and causing massive property damage. No fatalities were reported but the lives of many people were devastated. In addition, the French Broad River itself is paying a price.

Phillip Gibson, French Broad Riverkeeper, and his son Truman Turner got onto their river following the hurricane to assess environmental damage. While news reports depict the loss of human property, the damages to the river are rarely mentioned. Residents reported 30,000 gallon petroleum tanks and barrels of other fuels floating down river, overwhelming smells of kerosene and petroleum, as well as untreated sewage and other pollutants. Two hundred and fifty-thousand people in Asheville and the surrounding communities were without drinking water for more than four days. The Riverkeeper offices were not spared, flood waters filled the basement destroying supplies, maps and educational materials and filling the building with sewage and diesel fumes. More than 25 volunteers worked to clear the ruins and get the program back on its feet.

While the U.S. Geological Survey indicated that this was a 100-year flood event, development and the increasing impervious coverage (buildings, roads, etc.) added to the volume of water. The French Broad Riverkeeper is encouraging community leaders to prepare a watershed plan that will alleviate some of the causes of this pollution during increasingly frequent "100-year" flood events. For additional photos and information visit www.riverlink.org

St. Johns Riverkeeper Agrees to Settle Clean Water Suit for Condom Creek
The St. Johns Riverkeeper announced a settlement in a Clean Water Act suit against JEA, a Florida sewage and water company, over a broken pipeline that was illegally discharging into a small tributary of the Ortega River.

In March, St. Johns Riverkeeper responded to a tip from a fisherman about plastic floating in the water near the confluence of a small creek and the Ortega River. Riverkeeper notified the community and engaged in negotiations with JEA and Florida’s Department of Environmental Protection to resolve the problem.

JEA agreed to pay a $200,000 fine and will fund $350,000 worth of projects to improve water quality in the St. Johns River. Projects will include reducing bacteria levels in Jacksonville tributaries, providing pump-out facilities at marinas, installing and maintaining short-term pump-out facilities during the upcoming Super Bowl, and funding nutrient studies for the St. Johns River.

“We worked closely with JEA on resolving this issue, and to their credit, they stepped up and accepted responsibility for the problem and agreed to a substantial consent order that will provide a positive outcome to an unfortunate situation,” said Jimmy Orth, Executive Director of St. Johns Riverkeeper.

ABARK Named Water Resource Organization of the Year
The Florida Wildlife Federation named Apalachicola Bay and Riverkeeper as its Water Resource Organization of the Year – one of the oldest conservation award programs in Florida. The award will be presented in Jacksonville at the Federation’s 67th Annual Conservation Awards Banquet, which was postponed from September 11 because of Hurricane Frances. Award honorees are selected for their dedicated efforts on behalf of Florida’s fish and wildlife resources. The Apalachicola Bay and Riverkeeper, also known as ABARK, is being honored for aggressive advocacy to protect and preserve the Apalachicola River and estuary, including ABARK’s efforts to ensure adequate freshwater flows.

The Apalachicola River basin stands out because of its incredible natural resources. More than 180 fish and 1,300 plant species live in the river and bay along with 40 amphibian species and 80 species of reptiles - the highest density and diversity of amphibians and reptiles in the U.S. and Canada. Also, more than 50 species of mammals including the endangered Florida black bear, West Indian manatee, Indiana bat and gray bat live in the watershed. The Apalachicola Bay is one of the most productive estuaries in the northern hemisphere, providing 90 percent of Florida’s oysters and more than 10 percent of the total U.S. production.

New Grand Traverse Baykeeper Tugboat at the Clinch Park Marina in Traverse City, Mich.
John Nelson, Grand Traverse Baykeeper, is touring marinas throughout the Grand Traverse Bay watershed to introduce residents to the new Baykeeper tugboat and distributing materials to boaters on the control of invasive species and clean boating tips. They are also serving Baykeeper Wave ice cream, a special blend of homemade ice cream made exclusively for the Baykeeper. Over the course of the summer long tour they served approximately 1,000 ice cream cones to people who stopped by their booth and checked out the boat.