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HomeMy WebLinkAboutLakeshore Advance, 2013-07-03, Page 32 Lakeshore Advance • Wednesday, July 3, 2013 Civic politicians spooked by tough new Ontario water liability rules Civic politicians spooked by tough new Ontario water liability rules 13 years after Walkerton, Ontario's tough new drinking water safety rules put civic politicians an the hook for water disasters on their watch and Soule are running scared. Debora Van Brenk reports. ••• Five years in prison, $4 1111111011 in fines. That's the harsh new maximum penalty facing Ontario civic politicians for any water disasters on their watch. While many applaud tougher standards to prevent another Walkerton tragedy, others are SOUTH HURON scared they could be left on the hook if sotneont' screws tip. So skittish have some small- town politicians become, they're wondering if it's even worth the risk of sticking around. "Nobody really wants to say it out loud but it's it feeling out there" many \\'oll't 1'u11 for office again, says West Elgin Mayor Bernie Wiehle, "It's a real worry to some people and, come next election, they'll probably not run" New elements of the Ontario Safe Drinking Water Act that took effect pan. 1, say politicians, are responsible for the systems they oversee. What employees do, or don't, could legally be put on the politicians even if a standard defence -- - they act in good faith and don't know anything is GROWING SOUTH HURON'S FUTURE OFFICIAL PLAN UPDATE amiss. 11 means they can't simply stand behind their municipalities' liability insurance. A provincial fact sheet from the Environment Ministry underlines the new scrutiny they'll be under: "'Ihr circumstances and your actions - %vhat you slid or didn't do, what questions you asked, \viiia steeps were taken to address identified risks or problems with your drinking water system -- will all be important in determining whether you nlet your statutory standard of care and if you should he held responsible," it says. Only now is the gravity of that hitting home to some elected officials, especially in smaller centres. NOTICE OF OPEN HOUSES AND PUBLIC MEETING The Municipality of South !bran is undertaking a review of the South Huron Official Plan The Official Plan is a land use planning document that Is a statement of where and how building and development should take place in the Munici- pality. The Phan includes the vision. goals and policy directions for development in South Huron. 1'ou are invited to attend an Olen House and Public Meeting to review the proposed changes to the South lluron Official Plan and speak with staff and members of the public about any questions you may have regarding the pit osed revision,. Three Open Houses for the public will he held: Thursday:July •le, 2013 6-9pm South Huron Municipal Office Carling Room j- 322 Main Str•South 0945.Strom Exeter Friday, July 19, 2013 6-9pm St John's by -the lake Church Hall 70642 Blu•water Highway Grand Band lhursdey, July 25, 2013 6-9pm Kukton•Woodham Community Centre Meeting Room 70497 Road 164 Kirkton Open Nouse fornlnt: Join u, any time between 6 p.m. and 9 p.m. to vices displays and share your insight, with ,tali A presentation and facilitated discussion will occur at 6 p.m. A Public Meeting with South Huron Council will be held: Monday. August 12. 2(11.2 al (:(0) p to South !Intuit Municipal Ottice Council ('hate hcis Mort' information Is available by: \l,uink www.sotuhlnuon.ca and clicking on the " l )tbcial flan I'Mxlate" link \'ietving a copy at the di alt Official Ilan at the Municipal 1)1hce 01 Ute 1• \eta 1 ,bialy 411111114 rcgulai business hours Submitting comments: I Ise the conte, I uttoii»atiai listed heliM to,u1 1 )nes thou) h1, ( '0111111011, nw,t Ix ncet%td h) ridgy, August I6, ?)l a 11 you %visit to lx• notified of tin t,1, ion of the p,ruIxrsed Ours i tl !'ears ani nthuunt 11 )1',\ # 1 1 1, of ul the refusal to ,emend the 1)1 ficial Plat, you must make a %viillen Ieyue,l by mail It Ihr Municip,alii of South Ihu„n ur entail planning," soullihuaat is The ()Pell Iluu,c, anal I'uhllc Meeltntt an• prom: hell under Ihr pIos i,u,n, ut St•cuon, 17 :mal 'n „l the Planning At t, R S.O l')'$), ;is amended. If a prison a1 public ixxh' does not stake ural submissions at a public meeting 'n make ‘‘i men submissions Io the Mmnrlp,aht, of South Huron beton the pioixseil ulhriul plan amendment 1, adopted, Ihr p etson ni public Ixxly IN not entitled to appeal the drei,um of the ('aunty at Ihuon to the Ono: i to Montt ipal nual,l 11 a postai of public ts1sI does nal make ural whnn,sunt, to a 1,uhlu' IneetinJ 01 make tvnncn subnti„itat, In Ihr Municipality of South Anion lefnre Me official plan amenilmeni iI )1'•\ 1111) n ittaptetl, the poison 111 ptahltt• body may not be added a, a patty to the healing t,t .in apis tl t reface Ihr float unless. 111 the opinion of the Itoattl, there AEC reasonable pounds to flu so. Into'ination ave! Is'tollrcted fit atcrnd:ince \till' the NIi nlctp:ll I eedunt 01 hoot that un and lhatectnm of 1'ri%:tc% .\c1 \\'ah the esteptian of px•rsamd intiantation, all continents will Iwcanie pail 01 the public recall Dated at the Municipality of Sat1111 1lurun June 26, 21)13. Michael Ih 1.ullu, ('Ieik Municipality of South Huron 322 Main Street South, PO Box 759, Exeter, Ontario NOM 1S6 Phone: 519-235-0310 • Fax: 519-235-3304 • Toll Free: 1.877.204-0747 Web: www.southhuron.ca • Email: planning©southhuron.ca Facebook. www.facebook com/SouthHuron • Twitter. ®SouthHuron Many wonder if they should run in next year's civic elections, said Southwest Middlesex Mayor Doug leycraft, a former Liberal MIT. Some will how out rather than risk evert the chance of losing homes, investments and businesses. "If thet e were to be another Walkerton, (god help us, not only would the operator face legal action but also members of council would be held personally responsible," said Reycraft, a director and past -president of the Association of Municipalities of Ontario. Walkerton became synonymous with tainted water after seven people died, and 2,500 fell sick, in 2000 after the municipality's water operators cut corners and falsified records to suggest the drinking water was clean. It was contaminated by 1? -coli from farm manure run-off. From that ranee an inquiry, and sweeping new rules to protect the public -- the latest regulation to kick in, among them. While all civic politicians come under the new law's reach, lt's those in smaller centres - not big cities -- sweating the most. Why? in part, because smaller operations often lack the staffing, extra oversight and layers of know-how found in big -city water systems, Just this year, a former West Elgin water worker became Ontario's first • civic employee jailed over water -safety violations since Walkerton. Key West Elgin water records were falsified - there was 00 evidence human health was harmed and the municipality and three water operators were fined $154,000, plus surcharges of $38,625, i late that happen('( this year, council and senior staff could have been held responsible and fined as well. It's one reason West Elgin has hired the Ontario (:lean \Vater Agency (O(:WA) as its water operator, Wiehle said. O(:\Vi\, a provincial agency, adds a layer of expertise "which we as a municipality didn't halve," he said. Others are following. Two years ago, OCWA ran 100 municipal drinking water systems. 'Today, it's 1 15, But municipalities staff and politicians -- must still know the standards, and that they're being SIMON IESJARI)INM: ('F7', ('Id1, 81111, EP(' ( rrfi/irS / !non, fill I'l,rnrrrr, ( h,lrrrrr/l 1 r/r 1 aider% nrr, rn 519-238-6399 • 55 (Ontario Sl. N. (.rand Bend • Investment Funds • RRSI"s • Insurance • Mortgages "!n Nutinnt Siad Gar 1000, (bur, I%u 4n A rour tui ce%%." S'1'ERI,INC followed, said Nigel Itellchantber. Together with lawyer Fred Dean, liellchanlbe1 tuns sessions for civic officials about their rising standards of personal responsibility and liability. "11 you contract out the operation~, you don't contract out the responsibility," said liellchamber, a former London treasurer and former Middlesex County chief administrator. Wiehle and Heycraft haven't decided if they'll run again, but for them the water issue won't be a determining factor. Neycraft said it will make politicians even more vigilant about nlonitorioo„, the quality of operations, whether 1 run them or outsource them. - Wiehle said one benefit is Ontarians wi11 know water safeguards are tighter than ever. "'That's the good thing that's come out of all these regulations: to ensure that the water is safe. We' don't want another Walkerton," he said, deb. ('altbrerrk(1)suPitrredia.ca The backdrop Given that the safety of drinking water is essential for public health, those who discharge the oversight responsibilities of the municipality should be held to a statutory standard of care. Justice Dennis O'Connor, in his 2002 inquiry report into Walkerton tainted water disaster Walkerton flashback May 2000: 2,500 sick, seven die as water system infected by E. coli bacteria from farm runoff near a wellhead. One of two brothers who ran the system jailed, the other got house arrest. They were found to have failed to maintain the water system and to have falsified records. The fallout Ontario's Sate Drinking Water Act, tough now standards, began taking effect in 2002. Section 19, the one spooking small -to politicians, took effect this year. Under the law, maintaining water quality is a joint responsibility: of a water system's owner, its on- and off-site operators, civic councillors and officials. Civic councillors and officials are personally liable, even If they've delegated operating water system to others. Fines of up to $4 million, and five years in prison, for failing to maintain standards for testing, staffing and record-keeping. -46 "Your Full Service Horne & Garden Centre" •Garden & Landscaping Supplies Asphalt Paving • Retaining Walls Concrete • Fencing +Trees • Irrigation PRIM OUOT'S 519-524-211145 166 Bennett St. E., Goderich www art•slandscipinIg ca