Fixed Link Environmental Assessment is incomplete
June 6, 2003
"Fixed Link Bridge Environmental Assessment" Attn. Lisa Raitt Toronto Port Authority 60 Harbour Street Toronto, Ontario M5J 1B7s fixedlink_ea@torontoport.com
RE: Comment on May 2003 Draft Preliminary EA report
Dear Ms. Raitt,
Lake Ontario Waterkeeper has had a chance to review the TCCA Fixed Link Environmental Assessment Draft (2003).
Regarding the contents of the TCCA Fixed Link Environmental Assessment Draft (2003), our review suggests that the report is incomplete. There is not sufficient baseline data or detail regarding potential environmental impacts or appropriate mitigation measures to support the conclusion that the project is not likely to have significant adverse environmental effects pursuant to s. 20(1)(a). There are also a number of objectionable statements contained in the report which Lake Ontario Waterkeeper hopes will be re-examined.
In addition to the comments outlined below regarding the contents of the report, we would like to note our concerns that the comment period has been too short to allow for a thorough reading of the documents. Further, we have had numerous difficulties obtaining access to the documents in question. While you indicate that the draft EA was made available to the public the week of May 19, the supporting documents were not available for viewing until May 26. It took three phone calls, two messages, and seven days before we were able to arrange our own appointment to view the supporting documents at the Port Authority office. Hard copies were not available, either for free or for purchase, at your open house held on May 24. We also encountered frequent problems with the Toronto Port Authority web site server when attempting to view or download the electronic files. Given these numerous difficulties, we would urge the Toronto Port Authority to extend the public comment period for future drafts of this EA report and to ensure ease of access for members of the public.
A. MIGRATORY BIRDS
Comment:
The TCCA Fixed Link Environmental Assessment Draft (2003) does not appear to include baseline data or an assessment of potential impacts on migratory birds; yet, supporting documents found in the public registry clearly indicate that migratory birds have a significant presence in the area.
The EPS (1977) delineated the Toronto waterfront and neighbouring areas of the Lake Ontario shoreline ? as a critical (sensitive) area for waterfowl . . . The proximity of the city and artificial feedings contribute greatly to waterfowl survival and success.i
Questions:
1. Will baseline data for migratory birds be included in the revised TCCA Fixed Link Environmental Assessment?
2. Will the potential impacts on migratory birds be evaluated in the revised TCCA Fixed Link Environmental Assessment?
3. What monitoring program will be implemented to evaluate actual effects on migratory birds?
B. POTENTIAL EFFECTS OF INCREASED AIR TRAFFIC
Comment:
The TCCA Fixed Link Environmental Assessment Draft (2003) concludes that ?there is a low potential for aircraft related air quality effects to combine cumulatively with the road traffic air quality effects to affect the identified receptors.? The authors go on to state, ?our preliminary view is that significant cumulative effects are not expected from future projects/activities in the study area including the TCCA and its potential expansion.?
Question:
1. This analysis appears to account only for air and emissions related impacts. Have the potential impacts of increased air traffic on water quality, wildlife habitat, and migratory birds been considered? Will such data be included in the revised TCCA Fixed Link Environmental Assessment?
Comment:
The Amendment to the Tripartite Agreement suggests that current fueling and de-icing procedures are sufficient to mitigate potential environmental impacts:
Operation and maintenance procedures that could impact the surface or groundwater or the adjacent water basin would include fueling, aircraft de-icing and glycol recovery. Stage 3 turbo-prop aircraft using the TCCA facility would be fuelled and de-iced and glycol would be recovered, in accordance with existing procedures, which are designed to mitigate any negative environmental impacts on the adjacent water basin, surface or groundwater, and as such no further mitigation measures are warranted. ii
Earlier this winter, Lake Ontario Waterkeeper noted that snow had been plowed from airport land directly into lake Ontario. We are therefore concerned that the current de-icing and/or snow removal activities may be introducing contaminants into Lake Ontario.
Question:
2. Will more detailed and accurate baseline information regarding fueling, de-icing, and snow removal activities be included in the revised TCCA Fixed Link Environmental Assessment? In order to accurately assess whether airport expansion and/or operation poses a threat to the environment, we must understand the quantity of contaminants used during TCCA activities and the effectiveness of the mitigation procedures.
Comment:
Water and sediment quality in the Toronto Harbour have been severely impacted by the effects of contaminated stormwater (see discussion under ?Water Quality?). Because the city?s stormwater system overflows so regularly, we are concerned that discharging glycol into the city's sewer system does not provide a concrete assurance that Lake Ontario is not being contaminated by pollution from the airport:
Aircraft de-icing is carried out within specified areas of the terminal ramp where surface runoff is directed to a glycol collection system. This system ensures that there is no discharge to the surrounding water areas. The glycol/water mixture is discharged via the Metropolitan Toronto Sanitary Sewer system for treatment. iii
There is a strong likelihood that an increase in air traffic? and a subsequent increase in clearing and de-icing activities ? will inevitably result in pollution of Lake Ontario. Whether the airport dumps its wastewater directly into Lake Ontario, or sends it to the city sewer system which overflows quite regularly, the end result is the same.
Questions:
3. Does the TCCA pay the City of Toronto ? directly or through taxes ? for the treatment of its stormwater?
4. In the event that the City of Toronto is not able to adequately treat TCCA stormwater, how will the TCCA ensure contaminated wastewater does not enter Lake Ontario?
5. What monitoring program is in place to ensure that TCCA wastewater is being adequately treated?
WATER QUALITY
Comment:
The TCCA Fixed Link Environmental Assessment Draft (2003) contains numerous references to the degraded water quality of the Toronto Harbour. Many of these statements, unfortunately, suggest that pollution from the proposed Fixed Link would be acceptable on the grounds that it would be just one source among many:
The additional contamination of salt and contaminants in the runoff from the bridge will be negligible when considering the total amount flowing into the harbour from city streets through the existing storm sewer system. Although not desirable from an aquatic ecosystem perspective, this impact is unavoidable and cannot be mitigated. The impacts from storm water runoff from the bridge are not considered to be significant . . . . . . Drainage off the bridge will represent a potential source of contaminants to the lake. The loading to the lake from drainage off the new bridge relative to other land-based road drainage sources, coupled with the large water volume in the lake, would render this potential source insignificant. iv
The entire habitat associated with the Western Channel is degraded, therefore, none of the impacts are considered significant . . .
These statements are particularly concerning in light of other information contained in the public registry which was not carried forward to the Environmental Assessment Draft (2003).v
First, combined sewer and storm sewer outfalls were identified in toronto's Remedial Action Plan as a primary source of contamination to the Toronto Harbour.vi The report 1) clearly illustrates the need to control stormwater discharges, and 2) identifies storm water control as the primary focus of the Toronto Remedial Action Plan. It appears contradictory to suggest that it is acceptable to introduce a new source of stormwater pollution when the existing sources of stormwater pollution have yet to be remediated.
Second, the TCCA Fixed Link Environmental Assessment Draft (2003) suggests that ?the large water volume in the lake,? renders the potential source ?insignificant.? The Remedial Action Plan urban runoff analysis, found in the public registry, clearly states that reliance on total loading analysis is no longer an appropriate way to estimate environmental impacts: ?The traditional reliance on estimation of loading reductions will tend to undervalue the benefits from a water and sediment habitat perspective.? In other words, one small source of pollution can contribute significantly to the overall deterioration of water quality in the lake; similarly, the reduction of even a minor quantity of loadings may have a large net benefit.vii
Further, the TCCA Fixed Link Environmental Assessment Draft (2003) states that, ?the impacts will likely focus on localized areas, specifically at the construction site and a short distance away.?viii However, the RAP analysis found in the public registry, suggests that even localized pollution ? such as stormwater can ? negatively impact sediment and water quality, dicating ?the local biological response despite the relative insignificance of these sources from the perspective of total loading to the harbour.?ix
Question:
6. The statement that the impacts of runoff from the Fixed Link are ?unavoidable and cannot be mitigated? raises numerous concerns. What analysis was undertaken which supports this claim? What alternatives or mitigation measures were explored before arriving at this conclusion?
7. What work has been done to evaluate the potential impacts of runoff from construction and operation of the Fixed Link, as it relates to existing runoff issues in the area?
8. What work has been done to assess the potential impacts of runoff from construction and operation of the Fixed Link as they may impact goals and objectives set out in the City of toronto's Wet Weather Flow Management Master Plan?
9. Why does the TCCA Fixed Link Environmental Assessment Draft (2003) justify runoff on the grounds that there is a large volume of water in Lake Ontario?
Comment:
The TCCA Fixed Link Environmental Assessment Draft (2003) states that ?the entire habitat associated with the Western Channel is degraded, therefore none of the impacts are considered significant.?x
This statement directly contradicts the province of Ontario?s policy regarding degraded waterways: ?Water quality which presently does not meet the Provincial Water Quality Objectives shall not be degraded further and all practical measures shall be taken to upgrade the water quality to the Objectives.?xi
The TCCA Fixed Link Environmental Assessment Draft (2003) confirms that water quality in the Western Channel, as well as the Inner Harbour, are ?generally poor? and indicates that, ?there have been exceedances of Provincial Water Quality Objectives for nutrients and fecal coliform bacteria along the entire Toronto Waterfront.?xii
Questions:
10. Does the Toronto Port Authority suggest the provincial policies and water quality objectives do not apply in the Toronto Harbour?
11. How does the construction and operation of the Fixed Link contribute to the upgrading of water quality in the vicinity of the TCCA?
Comment:
The TCCA Fixed Link Environmental Assessment Draft (2003) indicates that an aquatic environment and water quality baseline report will be prepared prior to project initiation.
Question:
12. Where is the aquatic environment and water quality baseline report?
FISH AND FISH HABITAT
Comment:
Fisheries data included in the TCCA Fixed Link Environmental Assessment Draft (2003) and in its supporting documents is inconclusive. One of the supporting documents states, ?Spawning activity along the waterfront is not well document.?xiv This statement was made in 1988, yet no updated information appears anywhere in the public registry.
The report goes on to explain very articulately why consideration of fisheries is such an important factor in assessing environmental impacts:
The fish community is recognized as an integrator of the aquatic ecosystem, an indicator of its health, and a most sensitive use . . . In an urbanized and urbanizing environment, fish communities will continue to be degraded unless other uses of the environment are sensitive to and compatible with the goal of ?healthy fish communities?. Value of the fish community must be measured against other uses and needs, but it should not be valued in terms of just recreational opportunities, but rather as a measure of overall ecological health and ecosystem integrity.? xv
Given the importance of maintaining a healthy fish community in Lake Ontario, it is concerning that the bulk of the fisheries data found in the public registry are more than ten years old. It is also concerning that the TCCA Fixed Link Environmental Assessment Draft (2003) clearly states that a fish habitat compensation proposal must accompany the Fisheries Act application, yet the details of such a proposal are not included in the assessment. Without a full understanding of the Port Authority?s mitigation plan for the protection of the fish community, it is impossible to comment on the validity of the environmental assessment.
Question:
13. Where is the fish habitat compensation proposal?
14. What has been done to update the fisheries data?
15. What considerations have been made for the protection of the Spadina Quay Wetland, which was completed after the previous Fixed Link environmental assessment and after the fisheries research used in both the 1999 and the 2003 Fixed Link environmental assessments?
WILDLIFE HABITAT, GENERAL
Comment:
The TCCA Fixed Link Environmental Assessment Draft (2003) states that the area potentially affected by the Fixed Link is, ?not highly valued wildlife habitat.? This claim is puzzling; the tripartite document is just one of several documents in the public registry that notes the importance of the Toronto Harbour for wildlife:
?The TCCA lies on a migratory route for many song birds, hawks and owls that follow the north shore of Lake Ontario. The heavy growth of trees and shrubs on the island provides cover for these migrants. Waterfowl observed at the TCCA include sea gulls, terns, and a variety of ducks.?xvii
16. What are the grounds for the statement that the region is ?not highly valued wildlife habitat??
17. Will the Fixed Link construction schedule accommodate spawning and nesting seasons?
TERMS OF REFERENCE, RELATED REGULATIONS
Questions:
18. The terms of reference for the commissioning of the TCCA Fixed Link Environmental Assessment Draft (2003) do not appear to be included. Have those been made available to the public?
19. Would it be possible to include a list of the required permits, applicable laws and regulations, etc. in the forthcoming TCCA Fixed Link Environmental Assessment (2003)? This would help facilitate public involvement in the assessment process.
Thank you for your consideration. Please do not hesitate to contact Lake Ontario Waterkeeper if you have any questions. We look forward to your reply.
Yours truly,
Krystyn Tully
Executive Director
________________
i Environment Canada, Environment Ontario, Ministry of Natural Resources, and Metropolitan Toronto and Region Conservation Authority. Metro Toronto Remedial Action Plan Environmental Conditions and Problem Definitions. September 1988, revised May 1989. p. 98.
ii F.J. Reinders and Associates Canada Limited for The Toronto Harbour Commissioners. Amendment to the Tripartite Agreement Regarding Permissible Aircraft Operation: Toronto City Centre Airport Environmental Screening Report. March 1996. p. 11.
iii Dillon Consulting Limited. Appendix A: Fixed Link to the Toronto City Centre Airport Environmental Assessment. April 1998. p. 45.
iv Dillon Consulting for Toronto Port Authority. Proposed Fixed Link Bridge to the Toronto TCCA: Draft Preliminary EA Report. May 2003. p. 36
v Dillon Consulting for Toronto Port Authority. Proposed Fixed Link Bridge to the Toronto TCCA: Draft Preliminary EA Report. May 2003. p. 37
vi Environment Canada, Environment Ontario, Ministry of Natural Resources, and Metropolitan Toronto and Region Conservation Authority. Metro Toronto Remedial Action Plan Environmental Conditions and Problem Definitions. September 1988, revised May 1989. p. 1.
vii Ontario Ministry of Environment for Toronto and Region Remedial Action Plan. The Influence of Urban Runoff on Sediment Quality and Benthos in Toronto Harbour. Draft#1: August 2000. p. 31.
viii Dillon Consulting for Toronto Port Authority. Proposed Fixed Link Bridge to the Toronto TCCA: Draft Preliminary EA Report. May 2003. p. 35
ix Ontario Ministry of Environment for Toronto and Region Remedial Action Plan. The Influence of Urban Runoff on Sediment Quality and Benthos in Toronto Harbour. Draft#1: August 2000. p. 30.
x Dillon Consulting for Toronto Port Authority. Proposed Fixed Link Bridge to the Toronto TCCA: Draft Preliminary EA Report. May 2003. p. 37.
xi Ministry of Environment. Water Management. Policy #2. 1978, revised 1984. p. 5.
xii Dillon Consulting for Toronto Port Authority. Proposed Fixed Link Bridge to the Toronto TCCA: Draft Preliminary EA Report. May 2003. p. 17.
xiii Dillon Consulting Limited. Appendix A: Fixed Link to the Toronto City Centre Airport Environmental Assessment. April 1998. p. 126.
xiv Environment Canada, Environment Ontario, Ministry of Natural Resources, and Metropolitan Toronto and Region Conservation Authority. Metro Toronto Remedial Action Plan Environmental Conditions and Problem Definitions. September 1988, revised May 1989. p. 94.
xv Environment Canada, Environment Ontario, Ministry of Natural Resources, and Metropolitan Toronto and Region Conservation Authority. Metro Toronto Remedial Action Plan Environmental Conditions and Problem Definitions. September 1988, revised May 1989. p. 98.
xvi Dillon Consulting Limited. Appendix A: Fixed Link to the Toronto City Centre Airport Environmental Assessment. April 1998. p. 74.
xvii Dillon Consulting for Toronto Port Authority. Proposed Fixed Link Bridge to the Toronto TCCA: Draft Preliminary EA Report. May 2003. p. 41.
xviii F.J. Reinders and Associates Canada Limited for The Toronto Harbour Commissioners. Amendment to the Tripartite Agreement Regarding Permissible Aircraft Operation: Toronto City Centre Airport Environmental Screening Report. March 1996. p. 7.
