Environmental Spill in the Cole Municipal Drain - OPS-22-040
Municipal Drain Spill Response - Presentation to Council
If you have any questions regarding the Line 5 Spill, please call 905-468-3266 ext. 317 or email Rome D'Angelo, Director of Operations, at rome.dangelo@notl.com.
Status of the Clean-Up
As of September 2, the spill is completely cleaned up. On-site equipment and storage were removed from the site by the end of September.
What We’re Doing Now (October 17, 2022)
Town continues to sample water quality to make sure the drainage ditch remains in normal condition. So far, it has, and fortunately, there has been no harm to health or wildlife from this spill.
The Town also continues to work with the Ministry of the Environment, Conservation and Parks (MECP) and environmental experts to investigate the incident. Investigation and testing are needed to determine what the substance is and is not; and to find out how it got there and who was responsible.
The Town is in regular communication with the environmental consultants and the Ministry of the Environment, Conservation and Parks on this matter. We are seeking answers that will then allow us to start the process of recouping the clean-up costs.
The consultants are currently working on a close out report.
Process When a Spill Occurs
When a spill is identified, there are steps that must be followed. For example, reporting is required by provincial law if:
- you allowed the spill to occur
- you had control of the substance immediately before the spill occurred
- you are a member of a public agency and, to your knowledge, the spill has not already been reported
More information regarding spills reporting, cleanup and remediation can be found at https://www.ontario.ca/page/report-pollution-and-spills.
The timeline below outlines the process and the steps taken related to the Line 5 Spill.
| Steps | Timeline for Line 5 Spill |
|---|---|
| Begin containment measures | August 17 |
| Contact Ontario’s Spill Action Centre (SAC) | August 17 |
| Receive and respond to instruction from the Ministry of the Environment, Conservation and Parks (MECP) | August 17 |
| Undertake clean-up efforts | August 17 to September 2 |
| Keep Council and the community updated | August 18 and ongoing |
| Investigate the source (where the spill came from) and responsibility | August 18 and ongoing (WE ARE HERE) |
| Environmental expert close-out report | TBD |
Frequently Asked Questions
When and where was the spill first identified?
The Cole Drain spill was first identified the evening of August 17, 2022, on Line 5 near the Line 5 landfill.
How was it determined that it was a spill?
Town Staff called Ontario’s Spills Action Centre (SAC) upon finding a dark foul-smelling substance that appeared to be a spill. A Provincial Officer from the Ministry of Environment, Conservation and Parks (MECP) identified it as a spill when they attended the scene on August 17. They then directed the Town of Niagara-on-the-Lake to begin spill cleanup.
The Environmental Protection Act, which contains provisions for dealing with the spills of contaminants, defines spills as “discharges into the natural environment that are abnormal in quality or quantity.”
In addition to the Town of Niagara-on-the-Lake, what other partners have been involved?
The Ontario Spills Action Centre (SAC), the Ministry of the Environment, Conservation and Parks (MECP), the Region of Niagara, the Town’s environmental consultants and environmental contractor have been involved.
What was the substance of the spill?
Early on, the environmental expert identified the spill substance as an organic pollutant.
The testing data later indicated that the water quality impacts to the Cole Drain were caused by sulfate reducing bacteria (SBR). High concentrations of SBR caused the water quality problem that led to the complaints and resulting cleanup requirements from the Ministry of the Environment, Conservation and Parks (MECP).
Who made the first call to the Ontario Spills Action Centre (SAC)?
Town Staff made the first call to SAC.
What type of testing was conducted?
Both Town Staff and the Town’s environmental consultants have conducted testing to help identify the substance. Testing included a Biochemical Oxygen Demand (BOD) test, as well as sediment testing and water testing.
When was the first sample sent to the laboratory? When were the results received?
The first sample was sent to the laboratory for testing on the morning of August 18 and the results were received on August 26. While Staff requested that the results be expedited, the Biochemical Oxygen Demand (BOD) test takes 5 to 7 days to complete.
Who directed Town Staff to begin the cleanup?
On August 17, the Ministry of the Environment, Conservation and Parks (MECP) directed Town Staff to begin spill cleanup. This direction was received by the MECP verbally at approximately 9:45 p.m. and in writing at approximately 10:00 p.m. The Town is obligated to follow direction from the MECP.
What does the environmental consultant do?
The Town engaged third-party environmental consultants with specialized knowledge in managing spills, as directed by the Ministry of the Environment, Conservation and Parks (MECP).
The consultants arrived on site on August 19 to oversee clean-up work and to inspect the berms used to contain the spill. The consultants remained on-site throughout the cleanup efforts, and they continue to provide advice and recommendations to Town staff.
Is there a standard process the Town follows in these types of situations?
Yes. The Province has an approved process that must be followed for this type of event.
It is laid out by the Environmental Protection Act under the O. Reg. 675/98: CLASSIFICATION AND EXEMPTION OF SPILLS AND REPORTING OF DISCHARGES.
More information regarding can be found at https://www.ontario.ca/page/report-pollution-and-spills.
Did the Town follow proper protocols in this circumstance?
Yes, the Town followed the proper protocols and took immediate action upon learning of the spill. These actions included:
- Notifying Ontario’s Spills Action Centre (SAC)
- Taking containment measures
- Hiring an environmental consultant to lead the work
- Cleaning up the dark, foul-smelling substance based on direction from the Ministry of the Environment, Conservation and Parks (MECP)
More information regarding spills reporting, cleanup and remediation can be found at https://www.ontario.ca/page/report-pollution-and-spills.
How much has been spent so far? Will the cost of the spill affect taxpayers?
As of the end of September 2022, contractor costs to the Town were $873,957. Staff will continue to monitor costs and report them to Council at upcoming Council meetings.
The Town is investigating the source and cause and will seek to recoup costs from responsible parties and the insurer.
Why hasn’t the Town told the public what the source is yet?
The Town appreciates the public wants and deserves answers. Staff wants them too.
Good information takes time. It will take months for various testing to determine what the substance is and is not; and to find out how it got there and who was responsible.
Like a police investigation, Staff must work methodically to find the answers. It also is critical that the proper process unfolds without bias or speculation.
What is the Town doing now?
The Town continues to sample water quality to make sure the drainage ditch remains in normal condition. So far, it has, and fortunately, there has been no harm to health or wildlife from this spill.
The Town also continues to work with the Ministry of the Environment, Conservation and Parks (MECP) and environmental experts to investigate the incident. Investigation and testing are needed to determine what the substance is and is not; and to find out how it got there and who was responsible.
The Town is in regular communication with the environmental consultants and the Ministry of the Environment, Conservation and Parks on this matter. We are seeking answers that will then allow us to start the process of recouping the clean-up costs.
