UPDATE ON PROGRESS MVLWB MEETING DECEMBER 11, 2008 Water/Effluent Quality Guidelines Working Group Mark Cliffe-Philips Joan Gordey Kathleen Graham Janna Ward Kathleen Racher Rick Walbourne Helga Harlander Tyree Mullaney

Purpose of Working Group#3 To develop an approach for creating clear and consistent policy and procedures for deriving water/effluent quality criteria for water licences. Policy options for the consistent setting of effluent quality criteria An implementation plan for the policy option chosen by the Board Procedures for setting water/effluent quality criteria for all types of water licences

Water and Effluent Quality Criteria Industry Lake Effluent Effluent Quality Criteria: the maximum allowable concentrations of contaminants that can be discharged. Water Quality Criteria: the water quality we are trying to maintain in the receiving water body. Currently, these are set on a case-by-case basis.

Why should we develop a policy? The absence of clear policies and procedures for deriving water and/or effluent quality criteria results in:  Uncertainty for water licence applicants - they don’t know, in advance, how their case will be considered  A constant need for Boards and Board Staff to re-invent (and then defend) a process for each application External parties are asking for it – for example, the Auditor General and industry INAC will do it if we don’t

Why don’t we just write down what we do now? Policy for deriving water/effluent quality criteria Water Monitoring CIMP Land Claims CCME MVRMA NWT Water Strategy Land Use Plans Baseline Data WQO (stated in different contexts) Federal Legislation & Regulations Keepers of the Water, Water Wise Development Sectors (Industrial, Municipal)

Collectively, all these factors define... Policy for deriving water/effluent quality criteria CIMP Federal Legislation & Regulations Water Monitoring Land Claims CCME MVRMA NWT Water Strategy Land Use Plans Baseline Data WQO (stated in different contexts) Keepers of the Water, Water Wise Development Sectors (Industrial, Municipal)...an NWT Water Quality Management System

1. Describe Water Quality Management in NWT Describe existing “water quality management structure” of the NWT:  Gather information on existing water quality law, policy and management regime in the NWT through literature review and key interviews  Information presented in terms of an “ideal” management structure

An “ideal” management system PLAN DO CHECK ACT Regulations, procedures, laws etc to implement policies. Way to measure success in achieving goals Assess what to do if goals are not being achieved, then make changes Strategies, policies describing goals for water quality in the NWT

An orderly description and analysis of... LWB Policy Water monitoring CIMPetc Part 6 Audit CCME guides MVRMA Etc. Water Strategy NWT Water Quality Management System PLANDOCHECKACT Etc.

1. Analyze Water Quality Management in NWT Describe existing “water quality management structure” of the NWT:  Gather information on existing water quality law, policy and management regime in the NWT through literature review and key interviews  Information presented in terms of an “ideal” management structure Gap Analysis: determine what gaps exist that will affect our ability to develop policies and procedures for deriving water/effluent quality criteria  Differentiate gaps that we can fill ourselves versus those that must be filled with others or by others

Importance of Gap Analysis: Example PLAN DO CHECK ACT Set EQC for projects according to a policy Goal: protect the environment. Monitor water quality downstream of projects If downstream water quality isn’t good, change the policy Define a policy for deriving EQC

Gap Analysis LWB Policy INAC water monitoring CIMPetc Part 6 Audit CCME guides MVRMA Etc. Water Strategy NWT Water Quality Management System PLANDOCHECKACT Etc.

2. Jurisdictional Analysis Describe and evaluate the water quality management structures of other Canadian jurisdictions to see if there are lessons to be learned. Progress? Gap Analysis and Jurisdictional Analysis has been completed – final paper out on October 31, 2008.

3. Policy Discussion Paper Builds on information already collected and discusses:  Why a water quality policy is necessary  What a water quality policy for the Boards might look like  Any issues or gaps that exist in the Board’s own current processes that would need to be addressed in order to finalize a water quality policy  How a water quality policy, as set by the Board, would fit into and strengthen the larger NWT water quality management system  Issues/gaps in the NWT water quality management system that would hinder the Board’s ability to set and implement a water quality policy Progress: Under review by working group

Outline of a Water Quality Policy 1. Purpose 2. Scope 3. Application 4. Guiding Principles 5. Objectives 6. Roles and Responsibilities 7. Establishing Project-Specific Water Quality Objectives 8. How Water Quality Objectives Are Used During Water Licensing 9. Management Review and Accountability

Next Steps? Working Group has not defined these yet...however, we have discussed the following possibilities:  Have a facilitated workshop to fill in the Water Quality Policy outline – what we don’t know yet is who would be invited to the workshop (i.e., Working Group only? Full Board? Working Group and some Board members? All stakeholders?)  Policy would be sent out for review and comment  Have another facilitated workshop to firmly define the linkages of our policy to other factors in the NWT Water Quality Management system – figure out how to work with other organizations to make our policy successful ??

Thanks to: Working Group members Stratos Consulting MVLWB administrative staff for help with logistics and contracts Full Board and Executive Directors for support and encouragement

Comments or Questions?