Agreement between Canada and the United States of America on Great
Lakes Water Quality, 1978
[Page 2]
Agreement between Canada and the United States of
America on Great Lakes Water Quality, 1978
The Government of Canada and the Government of the United States
of America,
HAVING in 1972 entered into an Agreement on Great Lakes Water Quality;
REAFFIRMING their determination to restore and enhance water quality
in the Great Lakes System;
CONTINUING to be concerned about the impairment of water quality
on each side of the boundary to an extent that is causing injury
to health and property on the other side, as described by the International
Joint Commission;
REAFFIRMING their intent to prevent further pollution of the Great
Lakes Basin Ecosystem owing to continuing population growth, resource
development and increasing use of water;
REAFFIRMING in a spirit of friendship and cooperation the rights
and obligations of both countries under the Boundary Waters Treaty,
signed on January 11, 1909, and in particular their obligation not
to pollute boundary waters;
CONTINUING to recognize the rights of each country in the use of
its Great Lakes waters;
HAVING decided that the Great Lakes Water Quality Agreement of
April 15, 1972 and subsequent reports of the International Joint
Commission provide a sound basis for new and more effective cooperative
actions to restore and enhance water quality in the Great Lakes
Basin Ecosystem;
RECOGNIZING that restoration and enhancement of the boundary waters
can not be achieved independently of other parts of the Great Lakes
Basin Ecosystem with which these waters interact;
CONCLUDING that the best means to preserve the aquatic ecosystem
and achieve improved water quality throughout the Great Lakes System
is by adopting common objectives, developing and implementing cooperative
programs and other measures, and assigning special responsibilities
and functions to the International Joint Commission;
Have agreed as follows:
Article I
Definitions
As used in this Agreement:
-
(a) "Agreement" means the present Agreement
as distinguished from the Great Lakes Water Quality Agreement
of April 15, 1972;1
[Page 4]
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(b) "Annex" means any of the Annexes
to this Agreement, each of which is attached to and forms an
integral part of this Agreement;
-
(c) "Boundary waters of the Great Lakes
System" or "boundary waters" means boundary waters, as defined
in the Boundary Waters Treaty, that are within the Great Lakes
System;
-
(d) "Boundary Waters Treaty" means the
Treaty between the United States and Great Britain Relating
to Boundary Waters, and Questions Arising Between the United
States and Canada, signed at Washington on January 11, 1909;2
-
(e) "Compatible regulations" means regulations
no less restrictive than the agreed principles set out in this
Agreement;
-
(f) "General Objectives" are broad descriptions
of water quality conditions consistent with the protection of
the beneficial uses and the level of environmental quality which
the Parties desire to secure and which will provide overall
water management guidance;
-
(g) "Great Lakes Basin Ecosystem" means
the interacting components of air, land, water and living organisms,
including man, within the drainage basin of the St. Lawrence
River at or upstream from the point at which this river becomes
the international boundary between Canada and the United States;
-
(h) "Great Lakes System" means all of
the streams, rivers, lakes and other bodies of water that are
within the drainage basin on the St. Lawrence River at or upstream
from the point at which this river becomes the international
boundary between Canada and the United States;
-
(i) "Harmful quantity" means any quantity
of a substance that if discharged into receiving water would
be inconsistent with the achievement of the General and Specific
Objectives;
-
(j) "Hazardous polluting substance" means
any element or compound identified by the Parties which, if
discharged in any quantity into or upon receiving waters or
adjoining shorelines, would present an imminent and substantial
danger to public health or welfare; for this purpose, "public
health or welfare" encompasses all factors affecting the health
and welfare of man including but not limited to human health,
and the conservation and protection of flora and fauna, public
and private property, shorelines and beaches;
-
(k) "International Joint Commission"
or "Commission" means the International Joint Commission established
by the Boundary Waters Treaty;
-
(l) "Monitoring" means a scientifically
designed system of continuing standardized measurements and
observations and the evaluation thereof;
-
(m) "Objectives" means the General Objectives
adopted pursuant to Article III and the Specific Objectives
adopted pursuant to Article IV of this Agreement;
-
(n) "Parties" means the Government of
Canada and the Government of the United States of America;
[Page 6]
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(o) "Phosphorus" means the element phosphorus
present as a constituent of various organic and inorganic complexes
and compounds;
-
(p) "Research" means development, demonstration
and other research activities but does not include monitoring
and surveillance of water or air quality;
-
(q) "Science Advisory Board" means the
Great Lakes Science Advisory Board of the International Joint
Commission established pursuant to Article VIII of this Agreement;
-
(r) "Specific Objectives" means the concentration
or quantity of a substance or level of effect that the Parties
agree, after investigation, to recognize as a maximum or minimum
desired limit for a defined body of water or portion thereof,
taking into account the beneficial uses or level of environmental
quality which the Parties desire to secure and protect;
-
(s) "State and Provincial Governments"
means the Governments of the States of Illinois, Indiana, Michigan,
Minnesota, New York, Ohio, Wisconsin and the Commonwealth of
Pennsylvania, and the Government of the Province of Ontario;
-
(t) "Surveillance" means specific observations
and measurements relative to control or management;
-
(u) "Terms of Reference" means the Terms
of Reference for the Joint Institutions and the Great Lakes
Regional Office established pursuant to this Agreement, which
are attached to and form an integral part of this Agreement;
-
(v) "Toxic substance" means a substance
which can cause death, disease, behavioural abnormalities, cancer,
genetic mutations, physiological or reproductive malfunctions
or physical deformities in any organism or its offspring, or
which can become poisonous after concentration in the food chain
or in combination with other substances;
-
(w) "Tributary waters of the Great Lakes
System" or "tributary waters" means all the waters within the
Great Lakes System that are not boundary waters;
-
(x) "Water Quality Board" means the Great
Lakes Water Quality Board of the International Joint Commission
established pursuant to Article VIII of this Agreement.
Article II
Purpose
The purpose of the Parties is to restore and maintain the chemical,
physical, and biological integrity of the waters of the Great Lakes
Basin Ecosystem. In order to achieve this purpose, the Parties agree
to make a maximum effort to develop programs, practices and technology
necessary for a better understanding of the Great Lakes Basin Ecosystem
and to eliminate or reduce to the maximum extent practicable the
discharge of pollutants into the Great Lakes System.
Consistent with the provisions of this Agreement, it is the policy
of the Parties that:
[Page 8]
-
(a) The discharge of toxic substances
in toxic amounts be prohibited and the discharge of any or all
persistent toxic substances be virtually eliminated;
-
(b) Financial assistance to construct
publicly owned waste treatment works be provided by a combination
of local, state, provincial, and federal participation; and
-
(c) Coordinated planning processes and
best management practices be developed and implemented by the
respective jurisdictions to ensure adequate control of all sources
of pollutants.
Article III
General Objectives
The Parties adopt the following General Objectives for the Great
Lakes System. These waters should be:
-
(a) Free from substances that directly
or indirectly enter the waters as a result of human activity
and that will settle to form putrescent or otherwise objectionable
sludge deposits, or that will adversely affect aquatic life
or waterfowl;
-
(b) Free from floating materials such
as debris, oil, scum, and other immiscible substances resulting
from human activities in amounts that are unsightly or deleterious;
-
(c) Free from materials and heat directly
or indirectly entering the water as a result of human activity
that alone, or in combination with other materials, will produce
colour, odour, taste, or other conditions in such a degree as
to interfere with beneficial uses;
-
(d) Free from materials and heat directly
or indirectly entering the water as a result of human activity
that alone, or in combination with other materials, will produce
conditions that are toxic or harmful to human, animal, or aquatic
life; and
-
(e) Free from nutrients directly or indirectly
entering the waters as a result of human activity in amounts
that create growths of aquatic life that interfere with beneficial
uses.
Article IV
Specific Objectives
-
1. The Parties adopt the Specific Objectives
for the boundary waters of the Great Lakes System as set forth
in Annex 1, subject to the following:
-
(a) The Specific Objectives adopted
pursuant to this Article represent the minimum levels of
water quality desired in the boundary waters of the Great
Lakes System and are not intended to preclude the establishment
of more stringent requirements.
-
(b) The determination of the achievement
of Specific Objectives shall be based on statistically valid
sampling data.
-
(c) Notwithstanding the adoption
of Specific Objectives, all reasonable and practicable measures
shall be taken to maintain or improve the existing
[Page 10] water quality in those areas of the
boundary waters of the Great Lakes System where such water
quality is better than that prescribed by the Specific Objectives,
and in those areas having outstanding natural resource value.
-
(d) The responsible regulatory agencies
shall not consider flow augmentation as a substitute for
adequate treatment to meet the Specific Objectives.
-
(e) The Parties recognize that in
certain areas of inshore waters natural phenomena exist
which, despite the best efforts of the Parties, will prevent
the achievement of some of the Specific Objectives. As early
as possible, these areas should be identified explicitly
by the appropriate jurisdictions and reported to the International
Joint Commission.
-
(f) Limited use zones in the vicinity
of present and future municipal, industrial and tributary
point source discharges shall be designated by the responsible
regulatory agencies within which some of the Specific Objectives
may not apply. Establishment of these zones shall not be
considered a substitute for adequate treatment or control
of discharges at their source. The size shall be minimized
to the greatest possible degree, being no larger than that
attainable by all reasonable and practicable effluent treatment
measures. The boundary of a limited use zone shall not transect
the international boundary. Principles for the designation
of limited use zones are set out in Annex 2.
-
2. The Specific Objectives for the boundary
waters of the Great Lakes System or for particular portions
thereof shall be kept under review by the Parties and by the
International Joint Commission, which shall make appropriate
recommendations.
-
3. The Parties shall consult on:
-
(a) The establishment of Specific
Objectives to protect beneficial uses from the combined
effects of pollutants; and
-
(b) The control of pollutant loading
rates for each lake basin to protect the integrity of the
ecosystem over the long term.
Article V
Standards, other Regulatory Requirements, and Research
-
1. Water quality standards and other
regulatory requirements of the Parties shall be consistent with
the achievement of the General and Specific Objectives. The
Parties shall use their best efforts to ensure that water quality
standards and other regulatory requirements of the State and
Provincial Governments shall similarly be consistent with the
achievement of these Objectives. Flow augmentation shall not
be considered as a substitute for adequate treatment to meet
water quality standards or other regulatory requirements.
-
2. The Parties shall use their best efforts
to ensure that:
-
(a) The principal research funding
agencies in both countries orient the research programs
of their organizations in response to research priorities
identified by the Science Advisory Board and recommended
by the Commission; and
[Page 12]
-
(b) Mechanisms be developed for appropriate
cost-effective international cooperation.
Article VI
Programs and other Measures
-
1. The Parties shall continue to develop
and implement programs and other measures to fulfil the purpose
of this Agreement and to meet the General and Specific Objectives.
Where present treatment is inadequate to meet the General and
Specific Objectives, additional treatment shall be required.
The programs and measures shall include the following:
-
(a) Pollution from Municipal Sources.
Programs for the abatement, control and prevention of municipal
discharges and urban drainage into the Great Lakes System.
These programs shall be completed and in operation as soon
as practicable, and in the case of municipal sewage treatment
facilities no later than December 31, 1982. These programs
shall include:
-
(i) Construction and operation
of waste treatment facilities in all municipalities
having sewer systems to provide levels of treatment
consistent with the achievement of phosphorus requirements
and the General and Specific Objectives, taking into
account the effects of waste from other sources;
-
(ii) Provision of financial resources
to ensure prompt construction of needed facilities;
-
(iii) Establishment of requirements
for construction and operating standards for facilities;
-
(iv) Establishment of pre-treatment
requirements for all industrial plants discharging waste
into publicly owned treatment works where such industrial
wastes are not amenable to adequate treatment or removal
using conventional municipal treatment processes;
-
(v) Development and implementation
of practical programs for reducing pollution from storm,
sanitary, and combined sewer discharges; and
-
(vi) Establishment of effective
enforcement programs to ensure that the above pollution
abatement requirements are fully met.
-
(b) Pollution from Industrial
Sources. Programs for the abatement, control and prevention
of pollution from industrial sources entering the Great
Lakes System. These programs shall be completed and in operation
as soon as practicable and in any case no later than December
31, 1983, and shall include:
-
(i) Establishment of waste treatment
or control requirements expressed as effluent limitations
(concentrations and/or loading limits for specific pollutants
where possible) for all industrial plants, including
power generating facilities, to provide levels of treatment
or reduction or elimination of inputs of substances
and effects consistent with the achievement of the General
and Specific Objectives and other control requirements,
taking into account the effects of waste from other
sources;
[Page 14]
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(ii) Requirements for the substantial
elimination of discharges into the Great Lakes System
of persistent toxic substances;
-
(iii) Requirements for the control
of thermal discharges;
-
(iv) Measures to control the
discharge of radioactive materials into the Great Lakes
System;
-
(v) Requirements to minimize
adverse environmental impacts of water intakes;
-
(vi) Development and implementation
of programs to meet industrial pre-treatment requirements
as specified under sub-paragraph (a)(iv) above; and
-
(vii) Establishment of effective
enforcement programs to ensure the above pollution abatement
requirements are fully met.
-
(c) Inventory of Pollution Abatement
Requirements. Preparation of an inventory of pollution
abatement requirements for all municipal and industrial
facilities discharging into the Great Lakes System in order
to gauge progress toward the earliest practicable completion
and operation of the programs listed in sub-paragraphs (a)
and (b) above. This inventory, prepared and revised annually,
shall include compliance schedules and status of compliance
with monitoring and effluent restrictions, and shall be
made available to the International Joint Commission and
to the public. In the initial preparation of this inventory,
priority shall be given to the problem areas previously
identified by the Water Quality Board.
-
(d) Eutrophication. Programs
and measures for the reduction and control of inputs of
phosphorus and other nutrients, in accordance with the provisions
of Annex 3.
-
(e) Pollution from Agricultural,
Forestry and Other Land Use Activities. Measures for
the abatement and control of pollution from agricultural,
forestry and other land use activities including:
-
(i) Measures for the control
of pest control products used in the Great Lakes Basin
to ensure that pest control products likely to have
long-term deleterious effects on the quality of water
or its biota be used only as authorized by the responsible
regulatory agencies; that inventories of pest control
products used in the Great Lakes Basin be established
and maintained by appropriate agencies; and that research
and educational programs be strengthened to facilitate
integration of cultural, biological and chemical pest
control techniques;
-
(ii) Measures for the abatement
and control of pollution from animal husbandry operations,
including encouragement to appropriate agencies to adopt
policies and regulations regarding utilization of animal
wastes, and site selection and disposal of liquid and
solid wastes, and [Page 16]
to strengthen educational and technical assistance programs
to enable farmers to establish waste utilization, handling
and disposal systems;
-
(iii) Measures governing the
hauling and disposal of liquid and solid wastes, including
encouragement to appropriate regulatory agencies to
ensure proper location, design, and regulation governing
land disposal, and to ensure sufficient, adequately
trained technical and administrative capability to review
plans and to supervise and monitor systems for application
of wastes on land;
-
(iv) Measures to review and supervise
road salting practices and salt storage to ensure optimum
use of salt and all-weather protection of salt stores
in consideration of long-term environmental impact;
-
(v) Measures to control soil
losses from urban and suburban as well as rural areas;
-
(vi) Measures to encourage and
facilitate improvements in land use planning and management
programs to take account of impacts on Great Lakes water
quality;
-
(vii) Other advisory programs
and measures to abate and control inputs of nutrients,
toxic substances and sediments from agricultural, forestry
and other land use activities; and
-
(viii) Consideration of future
recommendations from the International Joint Commission
based on the Pollution from Land Use Activities Reference.
-
(f) Pollution from Shipping Activities.
Measures for the abatement and control of pollution from
shipping sources, including:
-
(i) Programs and compatible regulations
to prevent discharges of harmful quantities of oil and
hazardous polluting substances, in accordance with Annex
4;
-
(ii) Compatible regulations for
the control of discharges of vessel wastes, in accordance
with Annex 5;
-
(iii) Such compatible regulations
to abate and control pollution from shipping sources
as may be deemed desirable in the light of continuing
reviews and studies to be undertaken in accordance with
Annex 6;
-
(iv) Programs and any necessary
compatible regulations in accordance with Annexes 4
and 5, for the safe and efficient handling of shipboard
generated wastes, including oil, hazardous polluting
substances, garbage, waste water and sewage, and for
their subsequent disposal, including the type and quantity
of reception facilities and, if applicable, treatment
standards; and
[Page 18]
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(v) Establishment by the Canadian
Coast Guard and the United States Coast, Guard of a
coordinated system for aerial and surface surveillance
for the purpose of enforcement of regulations and the
early identification, abatement and clean-up of spills
of oil, hazardous polluting substances, or other pollution.
-
(g) Pollution from Dredging Activities.
Measures for the abatement and control of pollution from
all dredging activities, including the development of criteria
for the identification of polluted sediments and compatible
programs for disposal of polluted dredged material, in accordance
with Annex 7. Pending the development of compatible criteria
and programs, dredging operations shall be conducted in
a manner that will minimize adverse effects on the environment.
-
(h) Pollution from Onshore and
Offshore Facilities. Measures for the abatement and
control of pollution from onshore and offshore facilities,
including programs and compatible regulations for the prevention
of discharges of harmful quantities of oil and hazardous
polluting substances, in accordance with Annex 8.
-
(i) Contingency Plan. Maintenance
of a joint contingency plan for use in the event of a discharge
or the imminent threat of a discharge of oil or hazardous
polluting substances, in accordance with Annex 9.
-
(j) Hazardous Polluting Substances.
Implementation of Annex 10 concerning hazardous polluting
substances. The Parties shall further consult from time
to time for the purpose of revising the list of hazardous
polluting substances and of identifying harmful quantities
of these substances.
-
(k) Persistent Toxic Substances.
Measures for the control of inputs of persistent toxic substances
including control programs for their production, use, distribution
and disposal, in accordance with Annex 12.
-
(l) Airborne Pollutants. Programs
to identify pollutant sources and relative source contributions,
including the more accurate definition of wet and dry deposition
rates, for those substances which may have significant adverse
effects on environmental quality including the indirect
effects of impairment of tributary water quality through
atmospheric deposition in drainage basins. In cases where
significant contributions to Great Lakes pollution from
atmospheric sources are identified, the Parties agree to
consult on appropriate remedial programs.
-
(m) Surveillance and Monitoring.
Implementation of a coordinated surveillance and monitoring
program in the Great Lakes System, in accordance with Annex
11, to assess compliance with pollution control requirements
and achievement of the Objectives, to provide information
for measuring local and whole take response to control measures,
and to identify emerging problems.
-
2. The Parties shall develop and implement
such additional programs as they jointly decide are necessary
and desirable to fulfil the purpose of this Agreement and to
meet the General and Specific Objectives.
[Page 20]
Article VII
Powers, Responsibilities and Functions of the International
Joint Commission
-
1. The International Joint Commission
shall assist in the implementation of this Agreement. Accordingly,
the Commission is hereby given, by a Reference pursuant to Article
IX of the Boundary Waters Treaty, the following responsibilities:
-
(a) Collation, analysis and dissemination
of data and information supplied by the Parties and State
and Provincial Governments relating to the quality of the
boundary waters of the Great Lakes System and to pollution
that enters the boundary waters from tributary waters and
other sources;
-
(b) Collection, analysis and dissemination
of data and information concerning the General and Specific
Objectives and the operation and effectiveness of the programs
and other measures established pursuant to this Agreement;
-
(c) Tendering of advice and recommendation
to the Parties and to the State and Provincial Governments
on problems of and matters related to the quality of the
boundary waters of the Great Lakes System including specific
recommendations concerning the General and Specific Objectives,
legislation, standards and other regulatory requirements,
programs and other measures, and intergovernmental agreements
relating to the quality of these waters;
-
(d) Tendering of advice and recommendations
to the Parties in connection with matters covered under
the Annexes to this Agreement;
-
(e) Provision of assistance in the
coordination of the joint activities envisaged by this Agreement;
-
(f) Provision of assistance in and
advice on matters related to research in the Great Lakes
Basin Ecosystem, including identification of objectives
for research activities, tendering of advice and recommendations
concerning research to the Parties and to the State and
Provincial Governments, and dissemination of information
concerning research to interested persons and agencies;
-
(g) Investigations of such subjects
related to the Great Lakes Basin Ecosystem as the Parties
may from time to time refer to it.
-
2. In the discharge of its responsibilities
under this Reference, the Commission may exercise all of the
powers conferred upon it by the Boundary Waters Treaty and by
any legislation passed pursuant thereto including the power
to conduct public hearings and to compel the testimony of witnesses
and the production of documents.
-
3. The Commission shall make a full report
to the Parties and to the State and Provincial Governments no
less frequently than biennially concerning progress toward the
achievement of the General and Specific Objectives including,
as appropriate, matters related to Annexes to this Agreement.
This report shall include an assessment of the effectiveness
of the programs and other measures undertaken pursuant to this
Agreement, and advice and recommendations. In alternate years
the Commission may submit a summary report. The Commission may
at any time make special reports to the Parties, to the State
and Provincial Governments and to the public concerning any
problem of water quality in the Great Lakes System.
[Page 22]
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4. The Commission may in its discretion
publish any report, statement or other document prepared by
it in the discharge of its functions under this Reference.
-
5. The Commission shall have authority
to verify independently the data and other information submitted
by the Parties and by the State and Provincial Governments through
such tests or other means as appear appropriate to it, consistent
with the Boundary Waters Treaty and with applicable legislation.
-
6. The Commission shall carry out its
responsibilities under this Reference utilizing principally
the services of the Water Quality Board and the Science Advisory
Board established under Article VIII of this Agreement. The
Commission shall also ensure liaison and coordination between
the institutions established under this Agreement and other
institutions which may address concerns relevant to the Great
Lakes Basin Ecosystem, including both those within its purview,
such as those Boards related to Great Lakes levels and air pollution
matters, and other international bodies, as appropriate.
Article VIII
Joint Institutions and Regional Office
-
1. To assist the International Joint
Commission in the exercise of the powers and responsibilities
assigned to it under this Agreement, there shall be two Boards:
-
(a) A Great Lakes Water Quality Board
which shall be the principal advisor to the Commission.
The Board shall be composed of an equal number of members
from Canada and the United States, including representatives
from the Parties and each of the State and Provincial Governments;
and
-
(b) A Great Lakes Science Advisory
Board which shall provide advice on research to the Commission
and to the Water Quality Board. The Board shall further
provide advice on scientific matters referred to it by the
Commission, or by the Water Quality Board in consultation
with the Commission. The Science Advisory Board shall consist
of managers of Great Lakes research programs and recognized
experts on Great Lakes water quality problems and related
fields.
-
2. The members of the Water Quality Board
and the Science Advisory Board shall be appointed by the Commission
after consultation with the appropriate government or governments
concerned. The functions of the Boards shall be as specified
in the Terms of Reference appended to this Agreement.
-
3. To provide administrative support
and technical assistance to the two Boards, and to provide a
public information service for the programs, including public
hearings, undertaken by the International Joint Commission and
by the Boards, there shall be a Great Lakes Regional Office
of the International Joint Commission. Specific duties and organization
of the Office shall be as specified in the Terms of Reference
appended to this Agreement.
-
4. The Commission shall submit an annual
budget of anticipated expenses to be incurred in carrying out
its responsibilities under this Agreement to the Parties for
approval. Each Party shall seek funds to pay one-half of the
annual budget so approved, but neither Party shall be under
an obligation to pay a larger amount than the other toward this
budget.
[Page 24]
Article IX
Submission and Exchange of Information
-
1. The International Joint Commission
shall be given at its request any data or other information
relating to water quality in the Great Lakes System in accordance
with procedures established by the Commission.
-
2. The Commission shall make available
to the Parties and to the State and Provincial Governments upon
request all data or other information furnished to it in accordance
with this Article.
-
3. Each Party shall make available to
the other at its request any data or other information in its
control relating to water quality in the Great Lakes System.
-
4. Notwithstanding any other provision
of this Agreement, the Commission shall not release without
the consent of the owner any information identified as proprietary
information under the law of the place where such information
has been acquired.
Article X
Consultation and Review
-
1. Following the receipt of each report
submitted to the Parties by the International Joint Commission
in accordance with paragraph 3 of Article VII of this Agreement,
the Parties shall consult on the recommendations contained in
such report and shall consider such action as may be appropriate,
including:
-
(a) The modification of existing
Objectives and the adoption of new Objectives;
-
(b) The modification or improvement
of programs and joint measures; and
-
(c) The amendment of this Agreement
or any Annex thereto.
Additional consultations may be held at the request of either
Party on any matter arising out of the implementation of this
Agreement.
-
2. When a Party becomes aware of a special
pollution problem that is of joint concern and requires an immediate
response, it shall notify and consult the other Party forthwith
about appropriate remedial action.
-
3. The Parties shall conduct a comprehensive
review of the operation and effectiveness of this Agreement
following the third biennial report of the Commission required
under Article VII of this Agreement.
Article XI
Implementation
-
1. The obligations undertaken in this
Agreement shall be subject to the appropriation of funds in
accordance with the constitutional procedures of the Parties.
-
2. The Parties commit themselves to seek:
[Page 25]
-
(a) The appropriation of the funds
required to implement this Agreement, including the funds
needed to develop and implement the programs and other measures
provided for in Article VI of this Agreement, and the funds
required by the International Joint Commission to carry
out its responsibilities effectively;
-
(b) The enactment of any additional
legislation that may be necessary in order to implement
the programs and other measures provided for in Article
VI of this Agreement; and
-
(c) The cooperation of the State
and Provincial Governments in all matters relating to this
Agreement.
Article XII
Existing Rights and Obligations
Nothing in this Agreement shall be deemed to diminish the rights
and obligations of the Parties as set forth in the Boundary Waters
Treaty.
Article XIII
Amendment
-
1. This Agreement, the Annexes, and the
Terms of Reference may be amended by agreement of the Parties.
The Annexes may also be amended as provided therein, subject
to the requirement that such amendments shall be within the
scope of this Agreement. All such amendments to the Annexes
shall be confirmed by an exchange of notes or letters between
the Parties through diplomatic channels which shall specify
the effective date or dates of such amendments.
-
2. All amendments to this Agreement,
the Annexes, and the Terms of Reference shall be communicated
promptly to the International Joint Commission.
Article XIV
Entry Into Force and Termination
This Agreement shall enter into force upon signature by the duly
authorized representatives of the Parties, and shall remain in force
for a period of five years and thereafter until terminated upon
twelve months' notice given in writing by one of the Parties to
the other.
Article XV
Supersession
This Agreement supersedes the Great Lakes Water Quality Agreement
of April 15, 1972, and shall be referred to as the "Great Lakes
Water Quality Agreement of 1978".
[Page 28]
IN WITNESS WHEREOF the undersigned representatives, duly authorized
by their respective Governments, have signed this Agreement.
DONE in duplicate at Ottawa in the English and French languages,
both versions being equally authentic, this 22nd day of November
1978.
DON JAMIESON
For the Government of Canada
BARBARA BLUM
CYRUS VANCE
For the Government of the United States of America
[Page 30]
Annex I
Specific Objectives
These Objectives are based on available information on cause/effect
relationships between pollutants and receptors to protect the
recognized most sensitive use in all waters. These Objectives
may be amended, or new Objectives may be added, by mutual consent
of the Parties.
I. CHEMICAL
A. Persistent Toxic Substances
1. Organic
(a) Pesticides
Aldrin/Dieldrin
The sum of the concentrations of aldrin and dieldrin
in water should not exceed 0.001 microgram per litre.
The sum of concentrations of aldrin and dieldrin in the
edible portion of fish should not exceed 0.3 microgram
per gram (wet weight basis) for the protection of human
consumers of fish.
Chlordane
The concentration of chlordane in water should not exceed
0.06 microgram per litre for the protection of aquatic
life.
DDT and Metabolites
The sum of the concentrations of DDT and its metabolites
in water should not exceed 0,003 microgram per litre.
The sum of the concentrations of DDT and its metabolites
in whole fish should not exceed 1.0 microgram per gram
(wet weight basis) for the protection of fish-consuming
aquatic birds.
Endrin
The concentration of endrin in water should not exceed
0.002 microgram per litre. The concentration of endrin
in the edible portion of fish should not exceed 0.3 microgram
per gram (wet weight basis) for the protection of human
consumers of fish.
Heptachlor/Heptachlor Epoxide
The sum of the concentrations of heptachlor and heptachlor
epoxide in water should not exceed 0.001 microgram per
litre. The sum of the concentrations of heptachlor and
heptachlor epoxide in edible portions of fish should not
exceed 0.3 microgram per gram (wet weight basis) for the
protection of human consumers of fish.
[Page 32]
Lindane
The concentration of lindane in water should not exceed
0.01 microgram per litre for the protection of aquatic
life. The concentration of lidane in edible portions of
fish should not exceed 0.3 microgram per gram (wet weight
basis) for the protection of human consumers of fish.
Methoxychlor
The concentration of methoxychlor in water should not
exceed 0.04 microgram per litre for the protection of
aquatic life.
Mirex
For the protection of aquatic organisms and fish-consuming
birds and animals, mirex and its degradation products
should be substantially absent from water and aquatic
organisms. Substantially absent here means less than detection
levels as determined by the best scientific methodology
available.
Toxaphene
The concentration of toxaphene in water should not exceed
0.008 microgram per litre for the protection of aquatic
life.
(b) Other Compounds
Phthalic Acid Esters
The concentration of dibutyl phthalate and di(2-ethylhexyl)
phthalate in water should not exceed 4.0 micrograms per
litre and 0.6 microgram per litre, respectively, for the
protection of aquatic life. Other phthalic acid esters
should not exceed 0.2 microgram per litre in waters for
the protection of aquatic life.
Polychlorinated Biphenyls (PCBs)
The concentration of total polychlorinated biphenyls
in fish tissues (whole fish, calculated on a wet weight
basis), should not exceed 0.1 microgram per gram for the
protection of birds and animals which consume fish.
Unspeciflied Organic Compounds
For other organic contaminants, for which Specific Objectives
have not been defined, but which can be demonstrated to
be persistent and are likely to be toxic, the concentrations
of such compounds in water or aquatic organisms should
be substantially absent, i.e., less than detection levels
as determined by the best scientific methodology available.
2. Inorganic
(a) Metals
Arsenic
The concentrations of total arsenic in an unfiltered
water sample should not exceed 50 micrograms per litre
to protect raw waters for public water supplies.
[Page 34]
Cadmium
The concentration of total cadmium in an unfiltered water
sample should not exceed 0.2 microgram per litre to protect
aquatic life.
Chromium
The concentration of total chromium in an unfiltered
water sample should not exceed 50 micrograms per litre
to protect raw waters for public water supplies.
Copper
The concentration of total copper in an unfiltered water
sample should not exceed 5 micrograms per litre to protect
aquatic life.
Iron
The concentration of total iron in an unfiltered water
sample should not exceed 300 micrograms per litre to protect
aquatic life.
Lead
The concentration of total lead in an unfiltered water
sample should not exceed 10 micrograms per litre in Lake
Superior, 20 micrograms per litre in Lake Huron and 25
micrograms per litre in all remaining Great Lakes to protect
aquatic life.
Mercury
The concentration of total mercury in a filtered water
sample should not exceed 0.2 microgram per litre nor should
the concentration of total mercury in whole fish exceed
0.5 microgram per gram (wet weight basis) to protect aquatic
life and fish-consuming birds.
Nickel
The concentration of total nickel in an unfiltered water
sample should not exceed 25 micrograms per litre to protect
aquatic life.
Selenium
The concentration of total selenium in an unfiltered
water sample should not exceed 10 micrograms per litre
to protect raw water for public water supplies.
Zinc
The concentration of total zinc in an unfiltered water
sample should not exceed 30 micrograms per litre to protect
aquatic life.
[Page 36]
(b) Other Inorganic Substances
Fluoride
The concentration of total fluoride in an unfiltered
water sample should not exceed 1200 micrograms per litre
to protect raw water for public water supplies.
Total Dissolved Solids
In Lake Erie, Lake Ontario and the International Section
of the St. Lawrence River, the level of total dissolved
solids should not exceed 200 milligrams per litre. In
the St. Clair River, Lake St. Clair, the Detroit River
and the Niagara River, the level should be consistent
with maintaining the levels of total dissolved solids
in Lake Erie and Lake Ontario not to exceed 200 milligrams
per litre. In the remaining boundary waters, pending further
study, the level of total dissolved solids should not
exceed present levels.
B. Non-Persistent Toxic Substances
1. Organic Substances
(a) Pesticides
Diazinon
The concentration of diazinon in an unfiltered water
sample should not exceed 0.08 microgram per litre for
the protection of aquatic life.
Guthion
The concentration of guthion in an unfiltered water sample
should not exceed 0.005 microgram per litre for the protection
of aquatic life.
Parathion
The concentration of parathion in an unfiltered water
sample should not exceed 0.008 microgram per litre for
the protection of aquatic life.
Other Pesticides
The concentration of unspecified, non-persistent pesticides
should not exceed 0.05 of the median lethal concentration
on a 96-hour test for any sensitive local species.
(b) Other Substances
Unspecified Non-Persistent Toxic Substances and Complex
Effluents
Unspecified non-persistent toxic substances and complex
effluents of municipal, industrial or other origin should
not be present in concentrations which exceed 0.05 of
the median lethal concentration in a 96-hour test for
any sensitive local species to protect aquatic life.
[Page 38]
Oil and Petrochemicals
Oil and petrochemicals should not be present in concentrations
that:
-
(i) can be detected as visible
film, sheen or discolouration on the surface;
-
(ii) can be detected by odour;
-
(iii) can cause tainting of
edible aquatic organisms; and
-
(iv) can form deposits on shorelines
and bottom sediments that are detectable by sight
or odour, or are deleterious to resident aquatic organisms.
2. Inorganic Substances
Ammonia
The concentration of un-ionized ammonia (NH,) should not
exceed 20 micrograms per litre for the protection of aquatic
life. Concentrations of total ammonia should not exceed
500 micrograms per litre for the protection of public water
supplies.
Hydrogen Sulfide
The concentration of undissociated hydrogen sulfide should
not exceed 2.0 micrograms per litre to protect aquatic life.
C. Other Substances
1. Dissolved oxygen
In the connecting channels and in the upper waters of the
Lakes, the dissolved oxygen level should not be less than
6.0 milligrams per litre at any time; in hypolimnetic waters,
it should be not less than necessary for the support of
fishlife, particularly cold water species.
2. pH
Values of pH should not be outside the range of 6.5 to
9.0, nor should discharge change the pH at the boundary
of a limited use zone more than 0.5 units from that of the
ambient waters.
3. Nutrients
Phosphorus
The concentration should be limited to the extent necessary
to prevent nuisance growths of algae, weeds and slimes that
are or may become injurious to any beneficial water use.
(Specific phosphorus control requirements are set out in
Annex 3.)
4. Tainting Substances
-
(a) Raw public water supply sources
should be essentially free from objectionable taste
and odour for aesthetic reasons.
[Page 40]
-
(b) Levels of phenolic compounds
should not exceed 1.0 microgram per litre in public
water supplies to protect against taste and odour in
domestic water.
-
(c) Substances entering the water
as the result of human activity that cause tainting
of edible aquatic organisms should not be present in
concentrations which will lower the acceptability of
these organisms as determined by organoleptic tests.
II. PHYSICAL
A. Asbestos
Asbestos should be kept at the lowest practical level and
in any event should be controlled to the extent necessary
to prevent harmful effects on human health.
B. Temperature
There should be no change in temperature that would adversely
affect any local or general use of the waters.
C. Settleable and Suspended Solids, and
Light Transmission
For the protection of aquatic life, waters should be free
from substances attributable to municipal, industrial or other
discharges resulting from human activity that will settle
to form putrescent or otherwise objectionable sludge deposits
or that will alter the value of Secchi disc depth by more
than 10 per cent.
III. MICROBIOLOGICAL
Waters used for body contact recreation activities should be
substantially free from bacteria, fungi, or viruses that may
produce enteric disorders or eye, ear, nose, throat and skin
infections or other human diseases and infections.
IV. RADIOLOGICAL
The level of radioactivity in waters outside of any defined
source control area should not result in a TED50
(total equivalent dose integrated over 50 years as calculated
in accordance with the methodology established by the International
Commission on Radiological Protection) greater than 1 millirem
to the whole body from a daily ingestion of 2.2 litres of lake
water for one year. For dose commitments between 1 and 5 millirem
at the periphery of the source control area, source investigation
and corrective action are recommended if releases are not as
low as reasonably achievable. For dose commitments greater than
5 millirem, the responsible regulatory authorities shall determine
appropriate corrective action.
[Page 42]
Annex 2
Limited Use Zones
-
1. The Parties, in consultation with
the State and Provincial Governments, shall take measures
to define and describe all existing and future limited use
zones, and shall prepare an annual report on these measures.
The measures shall include:
-
(a) Identification and quantitative
and qualitative description of all point source waste
discharges (including tributaries) to boundary waters;
-
(b) Delineation of boundaries
for limited use zones assigned to identified discharges;
-
(c) Assessment of the impact
of the proposed limited use zones on existing and potential
beneficial uses; and
-
(d) Continuing review and revision
of the extent of limited use zones to achieve maximum
possible reduction in size and effect of such zones
in accordance with improvements in waste treatment technology.
-
2. Limited use zones within the boundary
waters of the Great Lakes System shall be designated for
industrial discharges, and for municipal discharges in excess
of 1 million gallons per day before January 1, 1980, in
accordance with the following principles:
-
(a) The boundary of a limited
use zone shall not transect the international boundary.
-
(b) The size, shape and exact
location of a limited use zone shall be specified on
a case-by-case basis by the responsible regulatory agency.
The size shall be minimized to the greatest possible
degree, being no larger than that attainable by all
reasonable and practicable effluent treatment measures.
-
(c) Specific Objectives and conditions
applicable to the receiving water body shall be met
at the boundary of limited use zones.
-
(d) Existing biological, chemical,
physical and hydrological conditions shall be defined
before considering the location of a new limited use
zone or restricting an existing one.
-
(e) Areas of extraordinary natural
resource value shall not be designated as limited use
zones.
-
(f) Limited use zones shall not
form barriers to migratory routes of aquatic species
or interfere with biological communities or populations
of important species to a degree which damages the ecosystem,
or diminishes other beneficial uses disproportionately.
Routes of passage for specific organisms which require
protection and which would normally inhabit or pass
through [Page 44] limited
use zones shall be assured either by location of the
zones, or by design of conditions within the zones.
-
(g) Conditions shall not be permitted
within the limited use zones which:
-
(i) are rapidly lethal to
important aquatic life;
-
(ii) cause irreversible responses
which could result in detrimental post-exposure
effects; or
-
(iii) result in bioconcentration
of toxic substances which are harmful to the organism
or its consumers.
-
(h) Concentrations of toxic substances
at any point in the limited use zone where important
species are physically capable of residing shall not
exceed the 24-hour LC50.
-
(i) Every attempt shall be made
to insure that the zones are free from:
-
(i) objectionable deposits;
-
(ii) unsightly or deleterious
amounts of flotsam, debris, oil, scum and other
floating matter;
-
(iii) substances producing
objectionable colour, odour, taste or turbidity;
and
-
(iv) substances and conditions
or combinations thereof at levels which produce
aquatic life in nuisance quantities that interfere
with other uses.
-
(j) Limited use zones may overlap
unless the combined effects exceed the conditions set
forth in other guidelines.
-
(k) As a general condition, limited
use zones should not overlap with municipal and other
water intakes and recreational areas. However, knowledge
of local effluent characteristics and effects could
allow such a combination of uses.
-
3. Candidate areas for designation
as limited use zones shall be reported, in all available
detail, by the responsible regulatory agencies to the International
Joint Commission. Within 60 days, the Commission may comment
upon the extent of the area proposed for designation as
a limited use zone, or any other aspect or measure to promote
the attainment of the General and Specific Objectives of
this Agreement. The responsible regulatory agency will take
the comments of the Commission into account prior to making
a formal designation of the area as a limited use zone.
If no comment is received from the Commission within 60
days, it may be assumed that the Commission agrees with
the proposed designation.
-
4. The Parties shall consult to develop
more definitive procedures to delineate the extent of individual
limited use zones and to develop scientific guidelines for
determining the maximum portions of the boundary waters
of each of the Great Lakes and connecting channels which
may be occupied by limited use zones.
[Page 46]
Annex 3
Control of Phosphorus
-
1. The purpose of the following programs
is to minimize eutrophication problems and to prevent degradation
with regard to phosphorus in the boundary waters of the
Great Lakes System. The goals of phosphorus control are:
-
(a) Restoration of year-round
aerobic conditions in the bottom waters of the Central
Basin of Lake Erie;
-
(b) Substantial reduction in
the present levels of algal biomass to a level below
that of a nuisance condition in Lake Erie;
-
(c) Reduction in present levels
of algal biomass to below that of a nuisance condition
in Lake Ontario including the International Section
of the St. Lawrence River;
-
(d) Maintenance of the oligotrophic
state and relative algal biomass of Lakes Superior and
Huron;
-
(e) Substantial elimination of
algal nuisance growths in Lake Michigan to restore it
to an oligotrophic state; and
-
(f) The elimination of algal
nuisance in bays and in other areas wherever they occur.
-
2. The following programs shall be
developed and implemented to reduce input of phosphorus
to the Great Lakes:
-
(a) Construction and operation
of municipal waste treatment facilities in all plants
discharging more than one million gallons per day to
achieve, where necessary to meet the loading allocations
to be developed pursuant to paragraph 3 below, or to
meet local conditions, whichever are more stringent,
effluent concentrations of 1.0 milligram per litre total
phosphorus maximum for plants in the basins of Lakes
Superior, Michigan, and Huron, and of 0.5 milligram
per litre total phosphorus maximum for plants in the
basins of Lakes Ontario and Erie.
-
(b) Regulation of phosphorus
introduction from industrial discharges to the maximum
practicable extent.
-
(c) Reduction to the maximum
extent practicable of phosphorus introduced from diffuse
sources into Lakes Superior, Michigan, and Huron; and
reduction by 30 per cent of phosphorus introduced from
diffuse sources into Lakes Ontario and Erie, where necessary
to meet the loading allocations to be developed pursuant
to paragraph 3 below, or to meet local conditions, whichever
are more stringent.
-
(d) Reduction of phosphorus in
household detergents to 0.5 per cent by weight where
necessary to meet the loading allocations to be developed
pursuant to paragraph 3 below, or to meet local conditions,
whichever are more stringent.
[Page 48]
-
(e) Maintenance of a viable research
program to seek maximum efficiency and effectiveness
in the control of phosphorus introductions into the
Great Lakes.
-
3. The following table establishes
phosphorus loads for the base year (1976) and future phosphorus
loads. The Parties, in cooperation with the State and Provincial
Governments, shall within eighteen months after the date
of entry into force of this Agreement confirm the future
phosphorus loads, and based on these establish load allocations
and compliance schedules, taking into account the recommendations
of the International Joint Commission arising from the Pollution
from Land Use Activities Reference. Until such loading allocations
and compliance schedules are established, the Parties agree
to maintain the programs and other measures specified in
Annex 2 of the Great Lakes Water Quality Agreement of 1972.
Basin
|
1976 Phosphorus Load in Metric Tonnes Per Year
|
Future Phosphorus Load in Metric Tonnes Per Year
|
Lake Superior
|
3600
|
3400*
|
Lake Michigan
|
6700
|
5600*
|
Main Lake Huron
|
3000
|
2800*
|
Georgian Bay
|
630
|
600*
|
North Channel
|
550
|
520*
|
Saginaw Bay
|
870
|
440**
|
Lake Erie
|
20000
|
11000**
|
Lake Ontario
|
11000
|
7000**
|
* These loadings would result if all municipal plants
over one million gallons per day achieved an effluent
of 1 milligram per litre of phosphorus.
|
** These loadings are required to meet the goals
stated in paragraph I above.
|
[Page 50]
Annex 4
Discharges of Oil and Hazardous Polluting Substances
from Vessels
-
1. Definition. As used in
this Annex:
-
(a) "Discharge- includes, but
is not limited to, any spilling, leaking, pumping, pouring,
emitting or dumping; it does not include unavoidable
direct discharges of oil from a properly functioning
vessel engine;
-
(b) "Harmfull quantity of oil"
means any quantity of oil that, if discharged from a
ship that is stationary into clear calm water on a clear
day, would produce a film or a sheen upon, or discolouration
of, the surface of the water or adjoining shoreline,
or that would cause a sludge or emulsion to be deposited
beneath the surface of the water or upon the adjoining
shoreline;
-
(c) "Oil" means oil of any kind
or in any form, including, but not limited to, petroleum,
fuel oil, oil sludge, oil refuse, oil mixed with ballast
or bilge water, and oil mixed with wastes other than
dredged material;
-
(d) "Tanker" means any vessel
designed for the carriage of liquid cargo in bulk; and
-
(e) "Vessel" means any ship,
barge or other floating craft, whether or not self-propelled.
-
2. General Principles. Compatible
regulations shall be adopted for the prevention of discharges
into the Great Lakes System of harmful quantities of oil
and hazardous polluting substances from vessels in accordance
with the following principles:
-
(a) The discharge of a harmful
quantity of oil or hazardous polluting substance shall
be prohibited and made subject to appropriate penalties;
and
-
(b) As soon as any person in
charge has knowledge of any discharge of harmful quantities
of oil or hazardous polluting substances, immediate
notice of such discharge shall be given to the appropriate
agency in the jurisdiction where the discharge occurs;
failure to give this notice shall be made subject to
appropriate penalties.
-
3. Oil. The programs and measures
to be adopted for the prevention of discharges of harmfull
quantities of oil shall include:
-
(a) Compatible regulations for
design, construction, and operation of vessels based
on the following principles:
-
(i) Each vessel shall have
a suitable means of containing on board cargo oil
spills caused by loading or unloading operations;
-
(ii) Each vessel shall have
a suitable means of containing on board fuel oil
spills caused by loading or unloading operations,
including those from tank vents and overflow pipes;
[Page 52]
-
(iii) Each vessel shall have
the capability of retaining on board oily wastes
accumulated during vessel operation;
-
(iv) Each vessel shall be
capable of off-loading retained oily wastes to a
reception facility;
-
(v) Each vessel shall be
provided with a means for rapidly and safely stopping
the flow of cargo or fuel oil during loading, unloading
or bunkering operations in the event of an emergency;
-
(vi) Each vessel shall be
provided with suitable lighting to adequately illuminate
all cargo and fuel oil handling areas if the loading,
unloading or bunkering operations occur at night;
-
(vii) Hose assemblies used
on board vessels for oil loading, unloading, or
bunkering shall be suitably designed, identified,
and inspected to minimize the possibility of failure;
and
-
(viii) Oil loading, unloading,
and bunkering systems shall be suitably designed,
identified, and inspected to minimize the possibility
of failure; and
-
(b) Programs to ensure that merchant
vessel personnel are trained in all functions involved
in the use, handling, and stowage of oil and in procedures
for abatement of oil pollution.
-
4. Hazardous Polluting Substances.
The programs and measures to be adopted for the prevention
of discharges of harmful quantities of hazardous Polluting
substances carried as cargo shall include:
-
(a) Compatible regulations for
the design, construction, and operation of vessels using
as a guide the Code for the Construction and Equipment
of Ships Carrying Dangerous Chemicals in Bulk as established
through the Inter-Governmental Maritime Consultative
Organization (IMCO), including the following requirements:
-
(i) Each vessel shall have
a suitable means of containing on board spills caused
by loading or unloading operations;
-
(ii) Each vessel shall have
a capability of retaining on board wastes accumulated
during vessel operation;
-
(iii) Each vessel shall be
capable of off-loading wastes retained to a reception
facility,
-
(iv) Each vessel shall be
provided with a means for rapidly and safely stopping
the flow during loading or unloading operations
in the event of an emergency; and
-
(v) Each vessel shall be
provided with suitable lighting to adequately illuminate
all cargo handling areas if the loading or unloading
operations occur at night;
-
(b) Identification of vessels
carrying cargoes of hazardous polluting substances in
bulk, containers, and package form, and of all such
cargoes;
[Page 54]
-
(c) Identification in vessel
manifests of all hazardous polluting substances;
-
(d) Procedures for notification
to the appropriate agency by the owner, master or agent
of a vessel of all hazardous polluting substances; and
-
(e) Programs to ensure that merchant
vessel personnel are trained in all functions involving
the use, handling, and stowage of hazardous polluting
substances; the abatement of pollution from such substances;
and the hazards associated with the handling of such
substances.
-
5. Additional Measures. Both
Parties shall take, as appropriate, action to ensure the
provision of adequate facilities for the reception, treatment,
and subsequent disposal of oil and hazardous polluting substances
wastes from all vessels.
[Page 56]
Annex 5
Discharges of Vessel Wastes
-
1. Definitions. As used in
this Annex:
-
(a) "Discharge" includes, but
is not limited to, any spilling, leaking, pumping, pouring,
emitting, and dumping;
-
(b) "Garbage" means all kinds
of victual, domestic, and operational wastes, excluding
fresh fish and parts thereof generated during the normal
operation of the ship and liable to be disposed of continually
or periodically;
-
(c) "Sewage" means human or animal
waste generated on board ship and includes wastes from
water closets, urinals, or a hospital facility;
-
(d) "Vessel" means any ship,
barge or other floating craft, whether or not self-propelled;
and
-
(e) "Waste water" means water
in combination with other substances, including ballast
water and water used for washing cargo holds, but excluding
water in combination with oil, hazardous polluting substances,
or sewage.
-
2. General Principles. Compatible
regulations shall be adopted governing the discharge into
the Great Lakes System of garbage, sewage, and waste water
from vessels in accordance with the following principles:
-
(a) The discharge of garbage
shall be prohibited and made subject to appropriate
penalties;
-
(b) The discharge of waste water
in amounts or in concentrations that will be deleterious
shall be prohibited and made subject to appropriate
penalties; and
-
(c) Every vessel operating in
these waters that is provided with toilet facilities
shall be equipped with a device or devices to contain,
incinerate, or treat sewage to an adequate degree; appropriate
penalties shall be provided for failure to comply with
the regulations.
-
3. Critical Use Areas. Critical
use areas of the Great Lakes System may be designated where
the discharge of waste water or sewage shall be limited
or prohibited.
-
4. Containment Devices. Regulations
may be established requiring a device or devices to contain
the sewage of pleasure craft or other classes of vessels
operating in the Great Lakes System or designated areas
thereof.
-
5. Additional Measures. The
Parties shall take, as appropriate, action to ensure the
provision of adequate facilities for the reception, treatment,
and subsequent disposal of garbage, waste water, and sewage
from all vessels.
[Page 58]
Annex 6
Review of Pollution from Shipping Sources
-
1. Review. The Canadian Coast
Guard and the United States Coast Guard shall continue to
review services, systems, programs, recommendations, standards,
and regulations relating to shipping activities for the
purpose of maintaining or improving Great Lakes water quality.
The reviews shall include:
-
(a) Review of vessel equipment,
vessel manning, and navigation practices or procedures,
and of aids to navigation and vessel traffic management,
for the purpose of precluding casualties which may be
deleterious to water quality;
-
(b) Review of practices and procedures
regarding waste water and their deleterious effect on
water quality;
-
(c) Review of practices and procedures,
as well as current technology for the treatment of vessel
sewage; and
-
(d) Review of current practices
and procedures regarding the prevention of pollution
from the loading, unloading, or on board transfer of
cargo.
-
2. Consultation. Representatives
of the Canadian Coast Guard and the United States Coast
Guard, and other interested agencies, shall meet at least
annually to consider this Annex. A report of this annual
consultation shall be furnished to the International Joint
Commission prior to its annual meeting on Great Lakes water
quality. The purpose of the consultation shall be to:
-
(a) Provide an interchange of
information with respect to continuing reviews, ongoing
studies, and areas of concern;
-
(b) Identify and determine the
relative importance of problems requiring further study;
and
-
(c) Apportion responsibility,
as between the Canadian Coast Guard and the United States
Coast Guard, for the studies, or portions thereof, which
were identified in subparagraph 2(b) above.
-
3. Studies. Where a review
identifies additional areas for improvement, the Canadian
Coast Guard and the United States Coast Guard, and other
interested agencies, will undertake a study to establish
improved procedures for the abatement and control of pollution
from shipping sources, and will:
-
(a) Develop a brief study description
which will include the nature of the perceived problem,
procedures to quantify the problem, alternative solutions
to the problem, procedures to determine the best alternative,
and an estimated completion date;
-
(b) Transmit study descriptions
to the International Joint Commission and other interested
agencies;
-
(c) Transmit the study, or a
brief summary of its conclusions, to the International
Joint Commission and other interested agencies; and
[Page 60]
-
(d) Transmit a brief status report
to the International Joint Commission and other interested
agencies if the study is not completed by the estimated
completion date.
-
4. Responsibility. Responsibility
for the coordination of the review, consultation, and studies
is assigned to the Canadian Coast Guard and the United States
Coast Guard.
[Page 62]
Annex 7
Dredging
-
1. There shall be established, under
the auspices of the Water Quality Board, a Subcommittee
on Dredging. The Subcommittee shall:
-
(a) Review the existing practices
in both countries relating to dredging activities, as
well as the previous work done by the International
Working Group on Dredging, with the objective of developing,
within one year of the date of entry into force of this
Agreement, compatible guidelines and criteria for dredging
activities in the boundary waters of the Great Lakes
System;
-
(b) Maintain a register of significant
dredging projects being undertaken in the Great Lakes
System with information to allow for the assessment
of the environmental effects of the projects. The register
shall include pertinent statistics to allow for the
assessment of pollution loadings from dredged materials
to the Great Lakes System;
-
(c) Encourage the exchange of
information relating to developments of dredging technology
and environmental research.
-
2. The Subcommittee shall identify
specific criteria for the classification of polluted sediments
of designated areas of intensive and continuing dredging
activities within the Great Lakes System. Pending development
of criteria and guidelines by the Subcommittee, and their
acceptance by the Parties, the Parties shall continue to
apply the criteria now in use by the regulatory authorities;
however, neither Party shall be precluded from applying
standards more stringent than those now in use.
-
3. The Parties shall continue to
direct particular attention to the identification and preservation
of significant wetland areas in the Great Lakes Basin Ecosystem
which are threatened by dredging and disposal activities.
-
4. The Parties shall encourage research
to investigate advances in dredging technology and the pathways,
fate and effects of nutrients and contaminants of dredged
materials.
-
5. The Subcommittee shall undertake
any other activities as the Water Quality Board may direct.
[Page 62]
Annex 8
Discharges from Onshore and Offshore Facilities
-
1. Definitions. As used in
this Annex:
-
(a) "Discharge" means the introduction
of polluting substances into receiving waters and includes,
but is not limited to, any spilling, leaking, pumping,
pouring, emitting or dumping; it does not include continuous
effluent discharges from municipal or industrial treatment
facilities;
-
(b) "Harmful quantity of oil"
means any quantity of oil that, if discharged into clear
calm waters on a clear day, would produce a film or
sheen upon, or discolouration of the surface of the
water or adjoining shoreline, or that would cause a
sludge or emulsion to be deposited beneath the surface
of the water or upon the adjoining shoreline;
-
(c) "Facility" includes motor
vehicles, rolling stock, pipelines, and any other facility
that is used or capable of being used for the purpose
of processing, producing, storing, disposing, transferring
or transporting oil or hazardous polluting substances,
but excludes vessels;
-
(d) "Offshore facility" means
any facility of any kind located in, on or under any
water;
-
(e) "Onshore facility" means
any facility of any kind located in, on or under, any
land other than submerged land;
-
(f) "Oil" means oil of any kind
or in any form, including, but not limited to petroleum,
fuel oil, oil sludge, oil refuse, and oil mixed with
wastes, but does not include constituents of dredged
spoil.
-
2. Principles. Regulations
shall be adopted for the prevention of discharges into the
Great Lakes System of harmful quantities of oil and hazardous
polluting substances from onshore and offshore facilities
in accordance with the following principles:
-
(a) Discharges of harmful quantities
of oil or hazardous polluting substances shall be prohibited
and made subject to appropriate penalties;
-
(b) As soon as any person in
charge has knowledge of any discharge of harmful quantities
of oil or hazardous polluting substances, immediate
notice of such discharge shall be given to the appropriate
agency in the jurisdiction where the discharge occurs;
failure to give this notice shall be made subject to
appropriate penalties.
-
3. Programs and Measures.
The programs and measures to be adopted shall include the
following:
-
(a) Review of the design, construction,
and location of both existing and new facilities for
their adequacy to prevent the discharge of oil or hazardous
polluting substances;
[Page 66]
-
(b) Review of the operation,
maintenance and inspection procedures of facilities
for their adequacy to prevent the discharge of oil or
hazardous polluting substances;
-
(c) Development and implementation
of regulations and personnel training programs to ensure
the safe use and handling of oil or hazardous polluting
substances;
-
(d) Programs to ensure that at
each facility plans and provisions are made and equipment
provided to stop rapidly and safely, contain, and clean
up discharges of oil or hazardous polluting substances;
and
-
(e) Compatible regulations and
other programs for the identification and placarding
of containers, vehicles and other facilities containing,
carrying or handling oil or hazardous polluting substances;
and, where appropriate, notification to appropriate
agencies of vehicle movements, maintenance of a registry,
and identification in manifests of such substances to
be carried.
-
4. Implementation.
-
(a) Each Party shall submit a
report to the International Joint Commission outlining
its programs and measures, existing or proposed, for
the implementation of this Annex within six months of
the date of entry into force of this Agreement.
-
(b) The report shall outline
programs and measures, existing or proposed, for each
of the following types of onshore and offshore facilities:
-
(i) land transportation including
rail and road modes;
-
(ii) pipelines on land and
submerged under water;
-
(iii) offshore drilling rigs
and wells;
-
(iv) storage facilities both
onshore and offshore; and
-
(v) wharves and terminals
with trestle or underwater pipeway connections to
land and offshore island type structures and buoys
used for the handling of oil or hazardous polluting
substances.
-
(c) The report shall outline
programs and measures, existing or proposed, for any
other type of onshore or offshore facility.
-
(d) Upon receipt of the reports,
the Commission, in consultation with the Parties, shall
review the programs and measures outlined for adequacy
and compatibility and, if necessary, make recommendations
to rectify any such inadequacy or incompatibility it
finds.
[Page 68]
Annex 9
Joint Contingency Plan
-
1. The Plan. The "Joint Canada-United
States Marine Pollution Contingency Plan for the Great Lakes
(CANUSLAK)" adopted on June 20, 1974, shall be maintained
in force, as amended from time to time. The Canadian Coast
Guard and the United States Coast Guard shall, in cooperation
with other affected parties, identify and provide detailed
Supplements for areas of high risk and of particular concern
in augmentation of CANUSLAK. It shall be the responsibility
of the United States Coast Guard and the Canadian Coast
Guard to coordinate and to maintain the Plan and the Supplements
appended to the Plan.
-
2. Purpose. The purpose of
the Plan is to provide for coordinated and integrated response
to pollution incidents in the Great Lakes System by responsible
federal, state, provincial and local agencies. The Plan
supplements the national, provincial and regional plans
of the Parties.
-
3. Pollution Incidents.
-
(a) A pollution incident is a
discharge, or an imminent threat of discharge of oil,
hazardous polluting substance or other substance of
such magnitude or significance as to require immediate
response to contain, clean up, and dispose of the material.
-
(b) The objectives of the Plan
in pollution incidents are:
-
(i) To develop appropriate
preparedness measures and effective systems for
discovery and reporting the existence of a pollution
incident within the area covered by the Plan;
-
(ii) To institute prompt
measures to restrict the further spread of the pollutant;
and
-
(iii) To provide adequate
cleanup response to pollution incidents.
-
4. Funding. The costs of operations
of both Parties under the Plan shall be borne by the Party
in whose waters the pollution incident occurred, unless
otherwise agreed.
-
5. Amendment. The Canadian
Coast Guard and the United States Coast Guard are empowered
to amend the Plan subject to the requirement that such amendments
shall be consistent with the purpose and objectives of this
Annex.
[Page 70]
Annex 10
Hazardous Polluting Substances
-
1. The Parties shall:
-
(a) Maintain a list, to be known
as Appendix I of this Annex (hereinafter referred to
as Appendix 1), of substances known to have toxic effects
on aquatic and animal life and a risk of being discharged
to the Great Lakes System;
-
(b) Maintain a list, to be known
as Appendix 2 of this Annex (hereinafter referred to
as Appendix 2), of substances potentially having such
effects and such a risk of discharge, and to give priority
to the examination of these substances for possible
transfer to Appendix 1;
-
(c) Ensure that these lists are
continually revised in the light of growing scientific
knowledge; and
-
(d) Develop and implement programs
and measures to minimize or eliminate the risk of release
of hazardous polluting substances to the Great Lakes
System.
-
2. Hazardous polluting substances
to be listed in Appendix I shall be determined in accordance
with the following procedures:
-
(a) Selection of all hazardous
substances for listing in Appendix I shall be based
upon documented toxicological and discharge potential
data which have been evaluated by the Parties and deemed
to be mutually acceptable.
-
(b) Revisions to Appendix I may
be made by mutual consent of the Parties and shall be
treated as amendments to this Annex for the purposes
of Article XIII of this Agreement.
-
(c) Using the agreed selection
criteria, either Party may recommend at any time a substance
to be added to the list in Appendix 1. Such substance
need not previously have been listed in Appendix 2.
The Party receiving the recommendation will have 60
days to review the associated documentation and either
reject the proposed substance or accept the substance
pending completion of appropriate procedural or domestic
regulatory requirements. Cause for rejection must be
documented and submitted to the initiating Party and
may be the basis for any further negotiations.
-
3. The criteria to be applied to
the selection of substances as candidates for listing in
Appendix I are:
-
(a) Acute toxicological effects,
as determined by whether the substance is lethal to:
-
(i) One-half of a test population
of aquatic animals in 96 hours or less at a concentration
of 500 milligrams per litre or less; or
[Page 72]
-
(ii) One-half of a test population
of animals in 14 days or less when administered
in a single oral dose equal to or less than 50 milligrams
per kilogram of body weight; or
-
(iii) One-half of a test
population of animals in 14 days or less when dermally
exposed to an amount equal to or less than 200 milligrams
per kilogram body weight for 24 hours; or
-
(iv) One-half of a test population
of animals in 14 days or less when exposed to a
vapour concentration equal to or less than 20 cubic
centimeters per cubic meter in air for one hour;
or
-
(v) Aquatic flora as measured
by a maximum specific growth rate or total yield
of biomass which is 50 per cent lower than a control
culture over 14 days in a medium at concentrations
equal to or less than 100 millgrams [sic]
per litre.
-
(b) Risk of discharge into the
Great Lakes System, as determined by:
-
(i) Gathering information
on the history of discharges or accidents;
-
(ii) Assessing the modal
risks during transport and determining the use and
distribution patterns;
-
(iii) Identifying quantities
manufactured or imported.
-
4. Potentially hazardous polluting
substances to be listed in Appendix 2 of this Annex shall
be determined in accordance with the following procedures:
-
(a) Either Party may add new
substances to Appendix 2 by notifying the other in writing
that the substance is considered to be a potential hazard
because of documented information concerning aquatic
toxicity, mammalian and other vertebrate toxicity, phytotoxicity,
persistence, bio-accumulation, mutagenicity, teratogenicity,
carcinogenicity, environmental translocation or because
of documented information on risk of discharge to the
environment. The documentation of the potential hazard
and the selected criteria upon which it is based will
also be submitted.
-
(b) Removal of substances from
Appendix 2 shall be by mutual consent of the Parties.
-
(c) The Parties shall give priority
to the examination of substances listed in Appendix
2 for possible transfer to Appendix 1.
-
5. Programs and measures to control
the risk of pollution from transport, storage, handling
and disposal of hazardous polluting substances are contained
in Annexes 4 and 8.
[Page 74]
Appendix 1
Hazardous Polluting Substances
Acetaldehyde
Acetic Acid
Acetic Anhydride
Acetone Cyanohydrin
Acetyl Bromide
Acetyl Chloride
Acrolein
Acrylonitrile
Aldrin
Allyl Alcohol
Allyl Chloride
Aluminum Sulfate
Ammonia
Ammonium Acetate
Ammonium Benzoate
Ammonium Bicarbonate
Ammonium Bichromate
Ammonium Bifluoride
Ammonium Bisulfite
Ammonium Carbamate
Ammonium Carbonate
Ammonium Chloride
Ammonium Chromate
Ammonium Citrate, Dibasic
Ammonium Fluoborate
Ammonium Fluoride
Ammonium Hydroxide
Ammonium Oxalate
Ammonium Silicofluoride
Ammonium Sulfamate
Ammonium Sulfide
Ammonium Sulfite
Ammonium Tartrate
Ammonium Thiocyanate
Ammonium Thiosulfate
Amyl Acetate
Aniline
Antimony Pentachloride
Antimony Potassium Tartrate
Antimony Tribromide
Antimony Trichloride
Antimony Trifluoride
Antimony Trioxide
Arsenic Disulfide
Arsenic Pentoxide
Arsenic Trichloride
Arsenic Trioxide
Arsenic Trisulfide
Barium Cyanide
Benzene
Benzoic Acid
[Page 76]
Benzonitrile
Benzoyl Chloride
Benzyl Chloride
Beryllium Chloride
Beryllium Fluoride
Beryllium Nitrate
Butyl Acetate
Butylamine
Butyric Acid
Cadmium Acetate
Cadmium Bromide
Cadmium Chloride
Calcium Arsenate
Calcium Arsenite
Calcium Carbide
Calcium Chromate
Calcium Cyanide
Calcium Dodecylbenzenesulfonate
Calcium Hydroxide
Calcium Hypochlorite
Calcium Oxide
Captan
Carbaryl
Carbon Disulfide
Chlordane
Chlorine
Chlorobenzene
Chloroform
Chlorosulfonic Acid
Chlorpyrifos
Chromic Acetate
Chromic Acid
Chromic Sulfate
Chromous Chloride
Cobaltous Bromide
Cobaltous Formate
Cobaltous Sulfamate
Coumaphos
Cresol
Cupric Acetate
Cupric Acetoarsenite
Cupric Chloride
Cupric Nitrate
Cupric Oxalate
Cupric Sulfate
Cupric Sulfate, Ammoniated
Cupric Tartrate
Cyanogen Chloride
Cyclohexane
2,4-D Acid
2,4-D Esters
Dalapon
DDT
Diazinon
Dicamba
Dichlobenil
Dichlone
Dichlorvos
Dieldrin
Diethylamine
[Page 78]
Dimethylamine
Dinitrobenzene (mixed)
Dinitrophenol
Diquat
Disulfoton
Diuron
Dodecylbenzenesulfonic Acid
Endosulfan
Endrin
Ethion
Ethylbenzene
Ethylenediamine
EDTA
Ferric Ammonium Citrate
Ferric Ammonium Oxalate
Ferric Chloride
Ferric Fluoride
Ferric Nitrate
Ferric Sulfate
Ferrous Ammonium Sulfate
Ferrous Chloride
Ferrous Sulfate
Formaldehyde
Formic Acid
Fumaric Acid
Furfural
Guthion
Heptachlor
Hydrochloric Acid
Hydrofluoric Acid
Hydrogen Cyanide
Isoprene
Isopropanolamine Dodecylbenzenesulfonate
Kelthane
Lead Acetate
Lead Arsenate
Lead Chloride
Lead Fluoborate
Lead Fluoride
Lead Iodide
Lead Nitrate
Lead Stearate
Lead Sulfate
Lead Sulfide
Lead Thiocyanate
Lindane
Lithium Chromate
Malathion
Maleic Acid
Maleic Anhydride
Mercuric Cyanide
Mercuric Nitrate
Mercuric Sulfate
Mercuric Thiocyanate
Mercurous Nitrate
Methoxychlor
Methyl Mercaptan
Methyl Methacrylate
Methyl Parathion
Mevinphos
[Page 80]
Mexacarbate
Monoethylamine
Monomethylamine
Naled
Naphthalene
Napthenic Acid
Nickel Ammonium Sulfate
Nickel Chloride
Nickel Hydroxide
Nickel Nitrate
Nickel Sulfate
Nitric Acid
Nitrobenzene
Nitrogen Dioxide
Nitrophenol (mixed)
Paraformaldehyde
Parathion
Pentachlorophenol
Phenol
Phosgene
Phosphoric Acid
Phosphorus
Phosphorus Oxychloride
Phosphorus Pentasulfide
Phosphorus Trichloride
Polychlorinated Biphenyls
Potassium Arsenate
Potassium Arsenite
Potassium Bichromate
Potassium Chromate
Potassium Cyanide
Potassium Hydroxide
Potassium Permanganate
Propionic Acid
Propionic Anhydride
Pyrethrins
Quinoline
Resorcinol
Selenium Oxide
Sodium
Sodium Arsenate
Sodium Arsenite
Sodium Bichromate
Sodium Bifluoride
Sodium Bisulfite
Sodium Chromate
Sodium Cyanide
Sodium Dodecylbenzenesulfonate
Sodium Fluoride
Sodium Hydrosulfide
Sodium Hydroxide
Sodium Hypochlorite
Sodium Methylate
Sodium Nitrite
Sodium Phosphate, Dibasic
Sodium Phosphate, Tribasic
Sodium Selenite
Strontium Chromate
Strychnine
Styrene
[Page 82]
Sulfuric Acid
Sulfur Monochloride
2,4,5-T Acid
2,4,5-T Esters
TDE
Tetraethyl Lead
Tetraethyl Pyrophosphate
Toluene
Toxaphene
Trichlorfon
Trichlorophenol
Triethanolamine Dodecylbenzenesulfonate
Triethylamine
Trimethylamine
Uranyl Acetate
Uranyl Nitrate
Vanadium Pentoxide
Vanadyl Sulfate
Vinyl Acetate
Xylene (mixed)
Xylenol
Zinc Acetate
Zinc Ammonium Chloride
Zinc Borate
Zinc Bromide
Zinc Carbonate
Zinc Chloride
Zinc Cyanide
Zinc Fluoride
Zinc Formate
Zinc Hydrosulfite
Zinc Nitrate
Zinc Phenolsulfonate
Zinc Phosphide
Zinc Silicofluoride
Zinc Sulfate
Zirconium Nitrate
Zirconium Potassium Fluoride
Zirconium Sulfate
Zirconium Tetrachloride
Appendix 2
Potential Hazardous Polluting Substances
Acridine
Allethrin
Aluminum Fluoride
Aluminum Nitrate
Ammonium Bromide
Ammonium Hypophosphite
Ammonium Iodide
Ammonium Pentaborate
Ammonium Persulfate
Antimony Pentafluoride
Antimycin A
Arsenic Acid
Barhan
Benfluralin
Bensulide
Benzene Hexachloride
Beryllium Sulfate
Butifos
Cadmium
Cadmium Cyanide
Cadmium Nitrate
Captafol
Carbophenothion
Chlorflurazole
Chlorothion
Chlorpropham
Chromic Chloride
Chromium
Chromyl Chloride
Cobaltous Fluoride
Copper
Crotoxyphos
Cupric Carbonate
Cupric Citrate
Cupric Formate
Cupric Glycinate
Cupric Lactate
Cupric Paraamino Benzoate
Cupric Salicylate
Cupric Subacetate
Cuprous Bromide
Demeton
Dibutyl Phthalate
Dicapthon
2,4-Dinitrochlorobenzene
p-Dinitrocresol
Dinocap
Dinoseb
Dioxathion
Dodine
EPN
Gold Trichloride
[Page 86]
Hexachlorophene
Hydrogen Sulfide
m-Hydroxybenzoic Acid
p-Hydroxybenzoic Acid
Hydroxylamine
2-Hydroxyphenazine-1-Carboxylic Acid
Lactonitrile
Lead Tetraacetate
Lead Thiosulfate
Lead Tungstate
Lithium Bichromate
Malachite Green
Manganese Chloride, Anhydrous
MCPA
Mercuric Acetate
Mercuric Chloride
Mercury
Metam-Sodium
p-Methylamino-Phenol
2-Methyl-Napthoquinone
Neburon
Nickel Formate
Phenylmercuric Acetate
n-Phenyl Naphthylamine
Phorate
Phosphamidon
Picloram
Potassium Azide
Potassium Cuprocyanide
Potassium Ferricyanide
Propyl Alcohol
Pyridyl Mercuric Acetate
Rotenone
Silver
Silver Nitrate
Silver Sulfate
Sodium Azide
Sodium 2-Chlorotoluene-5-Sulfonate
Sodium Pentachlorophenate
Sodium Phosphate, Monobasic
Sodium Sulfide
Stannous Fluoride
Strontium Nitrate
Sulfoxide
Temephos
Thallium
Thionazin
1, 2, 4-Trichlorobenzene
Uranium Peroxide
Uranyl Sulfate
Zinc Bichromate
Zinc Potassium Chromate
Zirconium Acetate
Zirconium Oxychloride
Annex 11
Surveillance and Monitoring
-
1. Surveillance and monitoring activities
shall be undertaken for the following purposes:
-
(a) Compliance. To assess
the degree to which jurisdictional control requirements
are being met.
-
(b) Achievement of General
and Specific Objectives. To provide definitive information
on the location, severity, areal or volume extent, frequency
and duration of non-achievement of the Objectives, as
a basis for determining the need for more stringent
control requirements.
-
(c) Evaluation of Water Quality
Trends. To provide information for measuring local
and whole lake response to control measures using trend
analyses and cause/effect relationships, and to provide
information which will assist in the development and
application of predictive techniques for assessing impact
of new developments and pollution sources. The results
of water quality evaluations will be used for:
-
(i) assessing the effectiveness
of remedial and preventative measures and identifying
the need for improved pollution control;
-
(ii) assessing enforcement
and management strategies; and
-
(iii) identifying the need
for further technology development and research
activities.
-
(d) Identification of Emerging
Problems. To determine the presence of new or hitherto
undetected problems in the Great Lakes Basin Ecosystem,
leading to the development and implementation of appropriate
pollution control measures.
-
2. A joint surveillance and monitoring
program necessary to ensure the attainment of the foregoing
purposes shall be developed and implemented among the Parties
and the State and Provincial Governments. The Great Lakes
International Surveillance Plan contained in the Water Quality
Board Annual Report of 1975 and revised in subsequent reports
shall serve as a model for the development of the joint
surveillance and monitoring program.
-
3. The program shall include baseline
data collection, sample analysis, evaluation and quality
assurance programs (including standard sampling and analytical
methodology, inter-laboratory comparisons, and compatible
data management) to allow assessments of the following:
-
(a) Inputs from tributaries,
point source discharges, atmosphere, and connecting
channels;
[Page 90]
-
(b) Whole lake data including
that for nearshore areas (such as harbours and embayments,
general shoreline and cladophora growth areas), open
waters of the Lakes, fish contaminants, and wildlife
contaminants; and
-
(c) Outflows including connecting
channels, water intakes and outlets.
[Page 92]
Annex 12
Persistent Toxic Substances
-
1. Definitions. As used in
this Annex:
-
(a) "Persistent toxic substance"
means any toxic substance with a half-life in water
of greater than eight weeks;
-
(b) "Half-life" means the time
required for the concentration of a substance to diminish
to one-half of its original value in a lake or water
body;
-
(c) "Early warning system" means
a procedure to anticipate future environmental contaminants
(i.e., substances having an adverse effect on human
health or the environment) and to set priorities for
environmental research, monitoring and regulatory action.
-
2. General Principles.
-
(a) Regulatory strategies for
controlling or preventing the input of persistent toxic
substances to the Great Lakes System shall be adopted
in accordance with the following principles:
-
(i) The intent of programs
specified in this Annex is to virtually eliminate
the input of persistent toxic substances in order
to protect human health and to ensure the continued
health and productivity of living aquatic resources
and man's use thereof;
-
(ii) The philosophy adopted
for control of inputs of persistent toxic substances
shall be zero discharge.
-
(b) The Parties shall take all
reasonable and practical measures to rehabilitate those
portions of the Great Lakes System adversely affected
by persistent toxic substances.
-
3. Programs. The Parties,
in cooperation with the State and Provincial Governments,
shall develop and adopt the following programs and measures
for the elimination of discharges of persistent toxic substances:
-
(a) Identification of raw materials,
processes, products, by-products, waste sources and
emissions involving persistent toxic substances, and
quantitative data on the substances, together with recommendations
on handling, use and disposition. Every effort shall
be made to complete this inventory by January, 1982;
-
(b) Establishment of close coordination
between air, water and solid waste programs in order
to assess the total input of toxic substances to the
Great Lakes System and to define comprehensive, integrated
controls;
[Page 94]
-
(c) Joint programs for disposal
of hazardous materials to ensure that these materials
such as pesticides, contaminated petroleum products,
contaminated sludge and dredge spoils and industrial
wastes are properly transported and disposed of Every
effort shall be made to implement these programs by
1980.
-
4. Monitoring. Monitoring
and research programs in support of the Great Lakes International
Surveillance Plan should be established at a level sufficient
to identify:
-
(a) Temporal and spatial trends
in concentration of persistent toxic substances such
as PCB, mirex, DDT, mercury and dieldrin, and of other
substances known to be present in biota and sediment
of the Great Lakes System;
-
(b) The impact of persistent
toxic substances on the health of humans and the quality
and health of living aquatic systems;
-
(c) The sources of input of persistent
toxic substances; and
-
(d) The presence of previously
unidentified persistent toxic substances.
-
5. Early Warning System. An
early warning system consisting of, but not restricted to,
the following elements shall be established to anticipate
future toxic substances problems:
-
(a) Development and use of structure-activity
correlations to predict environmental characteristics
of chemicals;
-
(b) Compilation and review of
trends in the production, import, and use of chemicals;
-
(c) Review of the results of
environmental testing on new chemicals;
-
(d) Toxicological research on
chemicals, and review of research conducted in other
countries;
-
(e) Maintenance of a biological
tissue bank and sediment bank to permit
retroactive analysis to establish trends over time;
-
(f) Monitoring to characterize the
presence and significance of chemical residues in the environment;
-
(g) Development and use of mathematical
models to predict consequences of various loading rates
of different chemicals;
-
(h) Development of a data bank for
storage of information on physical/chemical properties,
toxicology, use and quantities in commerce of known and
suspected persistent toxic substances.
-
6. Human Health. The Parties
shall establish action levels to protect human health
from the individual and interactive effects of toxic
substances.
[Page 96]
-
7. Research. Research
should be intensified to determine the pathways, fate
and effects of toxic substances aimed at the protection
of human health, fishery resources and wildlife of the
Great Lakes Basin Ecosystem. In particular, research
should be conducted to determine:
-
(a) The significance of effects of
persistent toxic substances on human health and aquatic
life;
-
(b) Interactive effects of residents
of toxic substances on aquatic life, wildlife, and human
health; and
-
(c) Approaches to calculation of
acceptable loading rates for persistent toxic substances,
especially those which, in part, are naturally occurring.
Terms Of Reference for the Joint Institutions
and the Great Lakes Regional Office
1. Great Lakes Water Quality Board
-
(a) This Board shall be the principal
advisor to the International Joint Commission with regard
to the exercise of all the functions, powers and responsibilities
(other than those functions and responsibilities of the
Science Advisory Board pursuant to paragraph 2 of these
Terms of Reference) assigned to the Commission under this
Agreement. In addition, the Board shall carry out such other
functions, related to the water quality of the boundary
waters of the Great Lakes System, as the Commission may
request from time to time.
-
(b) The Water Quality Board, at the
direction of the Commission, shall:
-
(i) Make recommendations on the
development and implementation of programs to achieve
the purpose of this Agreement;
-
(ii) Assemble and evaluate information
evolving from such programs;
-
(iii) Identify deficiencies in
the scope and funding of such programs and evaluate
the adequacy and compatibility of results;
-
(iv) Examine the appropriateness
of such programs in the light of present and future
socio-economic imperatives; and
-
(v) Advise the Commission on
the progress and effectiveness of such programs and
submit appropriate recommendations.
-
(c) The Water Quality Board, on behalf
of the Commission, shall undertake liaison and coordination
between the institutions established under this Agreement
and other institutions and jurisdictions which may address
concerns relevant to the Great Lakes Basin Ecosystem so
as to ensure a comprehensive and coordinated approach to
planning and to the resolution of problems, both current
and anticipated.
-
(d) The Water Quality Board shall
report to the Commission periodically as appropriate, or
as required by the Commission, on all aspects relating to
the operation and effectiveness of this Agreement.
2. Great Lakes Science Advisory Board
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(a) This Board shall be the scientific
advisor to the Commission and the Water Quality Board.
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(b) The Science Advisory Board shall
be responsible for developing recommendations on all matters
related to research and the development of scientific knowledge
pertinent to the identification, evaluation and resolution
of current and anticipated problems related to Great Lakes
water quality.
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(c) To effect these responsibilities
the Science Advisory Board shall:
[Page 100]
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(i) Review scientific information
in order to:
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a. examine the impact and adequacy
of research and the reliability of research results, and
ensure the dissemination of such results;
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b. identify additional research requirements;
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c. identify specific research programs
for which international cooperation is desirable; and
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(ii) Advise jurisdictions of
relevant research needs, solicit their involvement and
promote coordination.
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(d) The Science Advisory Board shall
seek analyses, assessments and recommendations from other
scientific, professional, academic, governmental or intergovernmental
groups relevant to Great Lakes Basin Ecosystem research.
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(e) The Science Advisory Board shall
report to the Commission and the Water Quality Board periodically
as appropriate, or as required by the Commission, on all
matters of a scientific or research nature relating to the
operation and effectiveness of this Agreement.
3. The Great Lakes Regional 0ffice
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(a) This Office, located at Windsor,
Ontario, shall assist the Commission and the two Boards
in the discharge of the functions specified in subparagraph
(b) below.
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(b) The Office shall perform the
following functions:
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(i) Provide administrative support
and technical assistance for the Water Quality Board
and the Science Advisory Board and their suborganizations,
to assist the Boards in discharging effectively the
responsibilities, duties and functions assigned to them.
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(ii) Provide a public information
service for the programs, including public hearings,
undertaken by the Commission and its Boards.
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(c) The Office shall be headed by
a Director who shall be appointed by the Commission in consultation
with the Parties and with the Co-Chairmen of the Boards.
The position of Director shall alternate between a Canadian
citizen and a United States citizen. The term of office
for the Director shall be determined in the review referred
to in subparagraph (d) below.
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(d) The Parties, mindful of the need
to staff the Great Lakes Regional Office to carry out the
functions assigned the Commission by this Agreement, shall,
within six months from the date of entry into force of this
Agreement, complete a review of the staffing of the Office.
This review shall be conducted by the Parties based upon
recommendations of the Commission after consultation with
the Co-Chairmen of the Boards. Subsequent reviews may be
requested by either Party, or recommended by the Commission,
in order to ensure that the staffing of the Regional Office
is maintained at a level and character commensurate with
its assigned functions.
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(e) Consistent with the responsibilities
assigned to the Commission, and under the general supervision
of the Water Quality Board, the Director shall be
[Page 102] responsible for the management of
the Regional Office and its staff in carrying out the functions
described herein.
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(f) The Co-Chairmen of the Boards,
in consultation with the Director, will determine the activities
which they wish the Office to carry out on behalf of, or
in support of the Boards, within the current capability
of the Office and its staff. The Director is responsible
to the Co-Chairmen of each Board for activities carried
out on behalf of, or in support of such Board, by the Office
or individual staff members.
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(g) The Commission, in consultation
with the Director, will determine the public information
activities to be carried out on behalf of the Commission
by the Regional Office.
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(h) The Director shall be responsible
for preparing an annual budget to carry out the functions
of the Boards and the Regional Office for submission jointly
by the two Boards to the Commission for approval and procurement
of resources.
1. |
Treaty series 1972 No. 12.
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2. |
Not published in Treaty series.
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