Mega-sewage spill prompts changes to environment law

Hey there, time traveller!
This article was published 06/03/2024 (602 days ago), so information in it may no longer be current.

The NDP government is poised to introduce changes to the Environment Act days after the City of Winnipeg stopped a two-week flow of millions of litres of raw sewage into the Red River.

Manitoba Environment and Climate Change Minister Tracy Schmidt was tight-lipped about details of the changes, but said they will help to protect the province’s waterways.

“As soon as our department became aware of this sewage leak, we launched an investigation,” Schmidt said Wednesday. “We also realized the Environment Act can be strengthened.

“We want to be able to step in right away when there are issues with water treatment.”

More than 228 million litres of raw sewage flowed into the Red River from Feb. 7 to 23 after a pair of pipes underneath the river failed.

The first pipe carrying raw sewage across a large portion of southwest Winnipeg to the south sewage treatment plant failed. When the city shut down that pipe and began putting raw sewage through a second pipe, that one couldn’t handle the excess flow and failed as well.

The problem was fixed after a bypass system using two pumps was put into place, but not before 90,000 Winnipeggers were asked to restrict water use for a few days.

Schmidt wouldn’t say whether changes to the act would involve monetary penalties for infractions, as seen in Ontario.

She also announced the province would give the city $10 million in funding for wastewater infrastructure improvements. Recognizing that funding “doesn’t go a long way,” given the infrastructure deficit, it can help replace the failed pipes under the Red River.

Winnipeg Mayor Scott Gillingham said he appreciates the extra funding.

“We will ask our water and waste staff to explore options for the best way to immediately use it to protect the health of our rivers,” he said. “We obviously want to avoid any future incidents like this and ensure we have the resources in place to resolve emergency situations quickly.”

Lawyer John Stefaniuk, who specializes in environmental law, said it is possible the province is looking at bringing in monetary penalties.

“Typically, it is imposed like a ticket,” Stefaniuk said. “There is no requirement at the outset to prove anything more than the facts that gave rise to the condition.

“It can become a burden for businesses trying to comply with the legislation, but it can also be seen as an incentive for compliance.”

During question period Wednesday, Tory MLA Derek Johnson (Interlake-Gimli) chastised the government over the sewage leak and its response.

“This raw sewage will end up in Lake Winnipeg and downstream all the way to Hudson Bay,” Johnson said. “It will impact our commercial and sports fisheries and make swimming at our E. coli-impacted beaches unbearable.

“This government has done nothing … we barely heard a peep from this government.”

Meanwhile, Schmidt said there is no requirement in the Environment Act for licensed authorities to tell affected communities there has been a severe incident.

“We’ve certainly heard these concerns from Manitobans and from municipalities and First Nations downstream,” she said. “We take this issue very seriously — Lake Winnipeg is a jewel of our province.”

kevin.rollason@freepress.mb.ca