Bypass:
Deliberate Dumping

By Krystyn Tully,
Lake Ontario Waterkeeper


Wolfe Island is one of nature’s last refuges on Lake Ontario. The island sits at the eastern tip of Lake Ontario, quietly guarding the entrance to the St. Lawrence River. At sunrise, when you awake, you can look east and see the mighty St. Lawrence flowing towards the Thousand Islands and further on towards Quebec. At sunset, before you fall asleep, you can look west, across Lake Ontario towards beaches, wineries, cities and commerce. Northward, across the river towards the City of Kingston, you can see the sewers that dump billions of litres of raw sewage into this Great Lake.

Kingston is not the only city along Lake Ontario that dumps sewage – raw or partially treated – into local waters. But because of the astounding quantity of sewage that finds its way into the city’s waterways (well over one billion litres or 265 million gallons since 1999, and counting), it may well be the most disheartening. By March of 2006, Kingston had dumped more than 46 million litres of sewage into area waters, roughly 400 litres per city resident.

All of this sewage finds its way across the harbour to Wolfe Island, where condoms, feminine hygiene products and syringes wash up on shore. “I never dreamed living on Wolfe Island that I would have to give my five-year-old a talking-to about not picking up syringes off the shore,” said Collin Mosier, after discovering sewage debris in his backyard. In addition to the debris, water samples collected by volunteers for Lake Ontario Waterkeeper proved that Mosier’s well had been contaminated with E. coli following a sewage spill. A few days later, when the sewage washed away, his drinking water supply was clean again.

The Wolfe Islanders’ outrage over Kingston’s sewage bypasses is a recent development, but the practice itself has been going on for generations. In 1955, Kingston identified 23 different sewers emptying into the harbour and prompting regular bans on swimming. In 1979, the provincial Ministry of Environment vowed to “get a handle on this thing,” and to “see things cleaned up in a hurry,” but little happened. In 2001, the city allowed raw sewage to pour into a local river for three weeks unabated. Forty-eight hours after the local newspaper ran a front-page story and published Lake Ontario Waterkeeper’s sample results, the dumping ceased.

Despite the fact that over the years the sewage bypasses have been large and very public, the City of Kingston has never been charged. In 2005, Lake Ontario Waterkeeper and the Canadian Environmental Law Association (CELA) filed an administrative challenge to the city’s sewage system operating permits with the Province of Ontario. Waterkeeper and CELA asked for changes to the permits that would force the city to notify downstream users of bypasses, to monitor bypasses and to clean up any debris that found its way downriver.
The Province of Ontario denied this request, opting instead to enter into a voluntary agreement with Kingston’s utility company to address the concerns. Under this agreement, the utility company promises to call the Wolfe Island township office when there is a bypass, develop a monitoring plan for all bypass events, implement a debris and floatables removal plan and undertake an education program with the local health unit on proper syringe disposal. But this voluntary agreement does not penalize the city if it breaks these promises, rendering it meaningless. “Now, every time it rains, I have to take the time, before I let my kids outside, to check the God-damned shoreline,” complains Mosier.

In April 2006, Waterkeeper and CELA decided to appeal the province’s decision of a voluntary agreement in order to institute real rules for Kingston’s sewage management. The province’s environment commissioner has agreed that the Ministry of Environment, “needs to be more active as a regulator in this regard,” and is now reviewing the issue.

Meanwhile, the City of Kingston is starting to make modest improvements to its system. Wolfe Island residents notify government, neighbours and media when they find waste on their shorelines. Waterkeeper and CELA push for stronger rules and better protection for our waterways. We are not the first generation to say, ‘enough,’ but we will be the first to stick with it and win clean water.