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Application of regional planning to the control of water quality : a case study of the Province of British… Linn, Hilareon Dewell 1966

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THE APPLICATION OF REGIONAL PLANNING TO THE CONTROL OF WATER QUALITY: A CASE STUDY OF THE PROVINCE OF BRITISH COLUMBIA by HILAREON DEWELL LINN B.A.Sc, University of Saskatchewan, 196l A THESIS SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF SCIENCE i n the Divis i o n of COMMUNITY AND REGIONAL PLANNING We accept t h i s t h e s i s as conforming to the required standard THE UNIVERSITY OF BRITISH COLUMBIA A p r i l , 1966 In p r e s e n t i n g t h i s t h e s i s i n p a r t i a l f u l f i l m e n t o f t h e r e q u i r e m e n t s f o r an advanced degree a t t h e U n i v e r s i t y o f B r i t i s h C o l u m b i a , I a g r e e t h a t t h e L i b r a r y s h a l l make i t f r e e l y a v a i l a b l e f o r r e f e r e n c e and s t u d y . I f u r t h e r a g r e e t h a t p e r -m i s s i o n f o r e x t e n s i v e c o p y i n g o f t h i s t h e s i s f o r s c h o l a r l y p u r p o s e s may be g r a n t e d by t h e Head o f my Department o r by h i s r e p r e s e n t a t i v e s . . I t i s u n d e r s t o o d t h a t c o p y i n g o r p u b l i -c a t i o n o f t h i s t h e s i s f o r f i n a n c i a l g a i n s h a l l not be a l l o w e d w i t h o u t my w r i t t e n p e r m i s s i o n . Department o f Community and Regional Planning The U n i v e r s i t y o f B r i t i s h Columbia Vancouver 8, Canada Date A p r i l . 1 9 6 6 ABSTRACT The n e e d f o r c o n s e r v a t i o n o f e x i s t i n g w a t e r r e s o u r c e s i n c o u n t r i e s w h i c h a r e e x p e r i e n c i n g r a p i d u r b a n i z a t i o n and i n d u s t r i a l i z a t i o n becomes q u i t e o b v i o u s when one c o n s i d e r s t h e t r e m e n d o u s i n c r e a s e i n demand f o r w a t e r as t h e s t a n d a r d o f l i v i n g r i s e s and as new u s e s f o r w a t e r e v o l v e . The p r o b l e m s w h i c h may a r i s e f r o m l a c k o f r e c o g n i t i o n o f t h e n e e d f o r p l a n n e d u t i l i z a t i o n o f w a t e r r e s o u r c e s , and t h e d e v e l o p -ment o f means t o cope w i t h t h e s e p r o b l e m s o n c e t h e y have d e v e l o p e d , a r e e x e m p l i f i e d i n t h e case o f t h e h i g h l y u r b a n -i z e d and i n d u s t r i a l i z e d R u h r V a l l e y i n West Germany. The U . S . A . h a s r e a c h e d t h e s t a g e o f r e c o g n i t i o n o f p r o b l e m s w h i c h a r i s e o u t o f w a t e r p o l l u t i o n and has r e c e n t l y embarked on t h e d e v e l o p m e n t o f means t o r e s o l v e e x i s t i n g and p o t e n t i a l p r o b -l e m s . Canada w i l l u n d o u b t e d l y f o l l o w t h i s e x p e r i e n c e v e r y c l o s e l y . T h e r e i s a m u l t i p l i c i t y o f u s e s f o r w a t e r f o r d o m e s t i c and i n d u s t r i a l p u r p o s e s and t h e r a n g e o f t h e s e u s e s i s r a p i d l y e x p a n d i n g . T h i s v a s t and i n c r e a s i n g r a n g e o f b e n e -f i c i a l u s e s o f t e n r e s u l t s i n c o n f l i c t s w h e r e b y , s i n c e t h e d e g r e e o f w a t e r q u a l i t y d i f f e r s f o r d i f f e r e n t u s e s , o v e r u s e f o r one p u r p o s e may l i m i t t h e u s e f o r a n o t h e r p u r p o s e . To a l l e v i a t e t h i s s i t u a t i o n i t i s somet imes a d v a n t a g e o u s o r even n e c e s s a r y t o d e t e r m i n e a h i e r a r c h y o f use p r i o r i t i e s f o r t h e v a r i o u s a v a i l a b l e w a t e r s u p p l i e s . i i i The h y p o t h e s i s o f t h i s s t u d y i s t h a t : A d v e r s e p h y s i c a l c o n d i t i o n s r e s u l t i n g f r o m w a t e r p o l -l u t i o n , w h i c h impede s a t i s f a c t o r y u r b a n d e v e l o p m e n t , c a n be m i n i m i z e d by i m p l e m e n t a t i o n o f a p p r o p r i a t e l e g i s l a t i o n and p o l i c y a t t h e r e g i o n a l l e v e l . The management o f w a t e r r e s o u r c e s , i n c l u d i n g t h e c o n t r o l o f w a t e r q u a l i t y , s i n c e t h e y a r e so v i t a l t o s u c h a l a r g e r a n g e o f u s e s by man, must be p l a n n e d on a c o m p r e h e n -s i v e b a s i s . The b a s i s o f t h e p l a n n i n g s h o u l d be an a t t e m p t t o a t t a i n t h e g o a l s and o b j e c t i v e s e s t a b l i s h e d by t h e p l a n n e r a c c o r d i n g t o h i s e s t i m a t i o n o f t h e needs and d e s i r e s o f s o c i e t y . T h e s e g o a l s and o b j e c t i v e s w i l l be most s a t i s f a c t -o r i l y r e a l i z e d by t h e d e v e l o p m e n t o f a p l a n and p o l i c y f o r w a t e r q u a l i t y c o n t r o l , and i m p l e m e n t a t i o n o f t h a t p l a n t h r o u g h t h e p e r f o r m a n c e o f a l o g i c a l s e r i e s o f o p e r a t i o n s w i t h i n t h e p l a n n i n g p r o c e s s . W i t h i n t h e P r o v i n c e o f B r i t i s h C o l u m b i a t h e r e a r e a b o u t t h i r t e e n a g e n c i e s , a t t h e F e d e r a l , P r o v i n c i a l , and M u n i c i p a l l e v e l s o f G o v e r n m e n t , w h i c h have t h e l e g a l power t o c o n t r o l w a t e r q u a l i t y . T h i s m u l t i p l i c i t y o f c o n t r o l l i n g a g e n c i e s c r e a t e s o v e r l a p s i n j u r i s d i c t i o n s w h i c h may r e s u l t i n i n a c t i v i t y i n t h e i m p o s i t i o n o f c o n t r o l by t h e s e a g e n c i e s w h i c h may u n d u l y r e l y on e a c h o t h e r t o e x e r c i s e t h e i r p o w e r s . The P o l l u t i o n - c o n t r o l B o a r d , one o f t h e s e a g e n c i e s , was e s t a b l i s h e d t h r o u g h t h e P o l l u t i o n - c o n t r o l A c t i n 1956 t o r e s o l v e t h e s e p r o b l e m s o f o v e r l a p p i n g j u r i s d i c t i o n s . The B o a r d has n o t been s u c c e s s f u l i n b e c o m i n g a s i n g l e , c o m p e t e n t , i v a u t h o r i t a t i v e agency r e s p o n s i b l e f o r t h e c o n t r o l o f w a t e r p o l l u t i o n w i t h i n t h e P r o v i n c e o f B r i t i s h C o l u m b i a , f o r t h e f o l l o w i n g r e a s o n s : 1. I t i s n o t f u l l y r e p r e s e n t a t i v e ; 2. I t has n o t e s t a b l i s h e d w a t e r q u a l i t y and e f f l u e n t s t a n d a r d s c r i t e r i a ; 3. The e d u c a t i o n p r o g r a m i s t o o l i m i t e d ; 4. I t h a s i n s u f f i c i e n t b u d g e t and s t a f f ; 5. The j u r i s d i c t i o n o f t h e B o a r d does n o t i n c l u d e t h e w h o l e P r o v i n c e ; 6. T h e r e a r e a m b i g u i t i e s i n t h e A c t ; 7. I n s u f f i c i e n t power i s g i v e n t o e n f o r c e t h e A c t ; and 8 . A d m i n i s t r a t i o n o f t h e A c t does n o t commence a t a s m a l l enough l e v e l o f g o v e r n m e n t . I t i s s u g g e s t e d t h a t t h e B o a r d may become t h e e f f e c t -i v e u n i f i e d agency f o r t h e c o n t r o l o f w a t e r p o l l u t i o n i n B r i t i s h C o l u m b i a i f d e f i c i e n c i e s u n d e r t h e A c t a r e r e c t i f i e d and i f an e f f i c i e n t a d m i n i s t r a t i v e s t r u c t u r e i s d e v e l o p e d . The p r o p o s e d a d m i n i s t r a t i v e s t r u c t u r e c o n s i s t s o f a D e v e l o p -ment B o a r d , w i t h r e p r e s e n t a t i o n f r o m t h e t h r e e l e v e l s o f g o v e r n m e n t , e s t a b l i s h e d w i t h i n e a c h R e g i o n a l D i s t r i c t . E x i s t i n g and p r o p o s e d R e g i o n a l D i s t r i c t s w o u l d h a v e t o be a l t e r e d t o c o i n c i d e w i t h r i v e r - b a s i n d r a i n a g e s y s t e m s o r s u b -b a s i n s i n o r d e r t o make t h i s f r a m e w o r k p r a c t i c a b l e . I t i s c o n c l u d e d t h a t w i t h some r e l a t i v e l y m i n o r a l t e r a t i o n s i n t h e e x i s t i n g l e g a l and a d m i n i s t r a t i v e o r g a n -i z a t i o n , t h e d e s i r e d means o f c o n t r o l o f w a t e r p o l l u t i o n i n V t h e P r o v i n c e o f B r i t i s h C o l u m b i a can be s a t i s f a c t o r i l y a c h i e v e d . T h i s s u b s t a n t i a t e s t h e h y p o t h e s i s w h i c h f o r m e d t h e b a s i s o f t h i s s t u d y . TABLE OF CONTENTS CHAPTER PAGE ABSTRACT i i TABLE OF CONTENTS v i i LIST OF TABLES x LIST OF FIGURES x LIST OF MAPS x i ACKNOWLEDGEMENTS . . x i i I. THE EFFECT OF WATER POLLUTION ON URBAN AND REGIONAL DEVELOPMENT 1 STATEMENT OF THE PROBLEM 1 OBJECTIVES OF THE STUDY 4 DEFINITIONS OF WATER POLLUTION 5 ORGANIZATION OF THE THESIS 8 SCOPE AND LIMITATIONS 10 STUDY HYPOTHESIS 12 SUMMARY • 13 I I . WATER RESOURCES: THE NEED FOR CONSERVATION . . . 14 PROBLEM RECOGNITION: THE RUHR VALLEY . . . . 17 STATUS OF WATER CONSERVATION IN THE U.S.A. . 19 WATER QUALITY PROBLEMS IN CANADA 22 SUMMARY 26 v i i i CHAPTER PAGE I I I . THE RELATIONSHIPS BETWEEN WATER USAGE AND URBAN AND REGIONAL PLANNING 23 THE RANGE OF USES FOR WATER 29 CONFLICTS WHICH EXIST AMONG POTENTIAL USES FOR WATER 34 HIERARCHY OF PRIORITIES FOR WATER USAGE . . 37 SUMMARY 43 IV. PLANNING OBJECTIVES OF WATER QUALITY CONTROL . . 45 THE PLANNING PROCESS 45 WATER QUALITY CONTROL 56 SUMMARY 62 V. MEANS OF ACHIEVING WATER QUALITY CONTROL: A CASE STUDY OF THE PROVINCE OF BRITISH COLUMBIA . . 63 OBJECTIVES OF THE CASE STUDY 63 HISTORICAL DEVELOPMENT OF WATER QUALITY CONTROL IN BRITISH COLUMBIA 65 THE WATER QUALITY CONTROL PROBLEM IN B.C. . 76 LEGISLATION AND POLICY FOR THE CONTROL OF WATER QUALITY IN B.C. TODAY 82 L e g i s l a t i o n and P o l i c y at the Federal L e v e l of Government 82 i x CHAPTER PAGE Pro v i n c i a l L e g i s l a t i o n f o r the Control of Water P o l l u t i o n 90 Means of Control at the Municipal Level. 96 EVALUATION OF EXISTING MEANS OF CONTROL . . 99 OTHER MEANS OF CONTROL . 104 RECOMMENDED ADMINISTRATIVE STRUCTURE . . . . 106 SUMMARY 113 VI. WATER POLLUTION CONTROL AT THE REGIONAL LEVEL . 116 SUMMARY 116 RECOMMENDATIONS FOR FURTHER INVESTIGATION . 119 EVALUATION OF THE STUDY METHOD 119 VALIDITY OF THE HYPOTHESIS 120 BIBLIOGRAPHY 121 APPENDIX 128 X LIST OF TABLES TABLE PAGE 1 . URBAN GROWTH TRENDS IN CANADA AND B.C., 1901-61 . 23 2 . VALUES OF WATER IN THE U.S.A., 1958 40 3 . DEGREE OF DOMESTIC SEWAGE TREATMENT FOR B.C. MUNICIPALITIES, 1953 AND 1965 79 4. SELECTED REPORTED DISEASES - BRITISH COLUMBIA, 1 9 6 1 - 6 5 81 LIST OF FIGURES FIGURE • PAGE 1 . AVERAGE RESIDENTIAL CONSUMPTION OF WATER IN WICHITA, KAN., 1 9 2 4 - 5 5 16 2 . TRENDS IN RESIDENTIAL WATER SALES IN THE U.S.A., 1939-56 16 3 . POPULATION TRENDS IN CANADA AND B.C., 1 9 0 1 - 6 1 . . 24 4. PROJECTION OF PRINCIPAL USES FOR WATER IN CANADA, 1 9 6 0-1990 . 25 x i LIST OF MAPS MAP PAGE 1 . GREATER VANCOUVER AREA 73A 2. JURISDICTION OF THE POLLUTION-CONTROL BOARD 1956-61 , 1961-63, 1963-present . . 75A x i i ACKNOWLEDGEMENTS I wish to express sincere appreciation to Dr. Kevin J. Cross, Assistant Professor of Planning at the University of B r i t i s h Columbia, f o r the assistance he contributed throughout the writing of t h i s t h e s i s . Thanks are also due to Dr. H. Peter Oberlander, Head of the Di v i s i o n of Community and Regional Planning, f o r his many valuable comments and his encouragement. Gratitude i s extended to Mr. R.W. C o l l i e r , Supervisor, Urban Studies, University Department of Extension at the University of B r i t i s h Columbia, fo r his contributions of time, e f f o r t , material, and valuable advice. Many people i n the Federal Government and the Govern-ment of the Province of B r i t i s h Columbia who are d i r e c t l y concerned with administrative procedures i n the control of water p o l l u t i o n , gave generously of t h e i r time to answer questions and to make valuable suggestions; grateful thanks are extended to these people. My appreciation i s also extended to my wife f o r her i n d i r e c t assistance to me during my pursuit f o r further education. I also wish to express my gratitude to the Central Mortgage and Housing Corporation f o r the award of a Fellowship which made the completion of my studies possible. CHAPTER I THE EFFECT OF WATER POLLUTION ON URBAN AND REGIONAL DEVELOPMENT Water i s one of ma^s most necessary and useful natural resources. Throughout hi s t o r y , water has been one of the main determinants of urban l o c a t i o n . I t i s a neces-sary prerequisite f o r human l i f e . Water i s es s e n t i a l f o r i n d u s t r i a l purposes and i t has been found to be the best natural agent f o r transporting and assimilating both domestic and i n d u s t r i a l wastes. The harnessing of t h i s resource has made possible the production of vast quantities of e l e c t r i c a l power. A g r i c u l t u r a l production has been greatly enhanced by the u t i l i z a t i o n of water f o r i r r i g a t i o n purposes. The de-velopment of water courses into navigable channels improves transportation and thereby supports commercial shipping. Water bodies also provide an intangible service generally referred to as Tamenity* from which man derives pleasure. He l i k e s to l i v e by the water, to use i t f o r recreational pur-poses, and to u t i l i z e i t s calm atmosphere as an environment f o r r e laxation. I. STATEMENT OF THE PROBLEM The m u l t i p l i c i t y of man*s uses f o r water creates an ever-increasing demand on t h i s resource. As urbanization and i n d u s t r i a l i z a t i o n develop, new problems of water supply and 2 use emerge. Increasing concentrations of urban population place a heavy demand on l i m i t e d supplies. To accentuate the problem, the major c o n f l i c t i n g use, namely the c o l l e c t i o n and as s i m i l a t i o n of domestic and i n d u s t r i a l wastes, i s also placing increasing demands on t h i s supply. I n d u s t r i a l de-velopment i s adding to the problem by creating new p o l l u t -ants. Urbanization i s dependent primarily upon a p l e n t i f u l supply of potable water f o r domestic consumption. Many urban areas depend upon industries f o r t h e i r economic base and these may be extensive users of water. An urban area may r e l y upon hydroelectric power for.many of i t s functions. The poten t i a l of a water course as an artery of commerce also favors urban development. The c i t y i s dependent upon a r i v e r i n many cases to carry and assimilate i t s domestic and i n -d u s t r i a l wastes. The inhabitants of c i t i e s derive pleasure from l i v i n g beside water, picnicking beside it.and using i t generally f o r recreational purposes. In order to ensure the survival and to encourage the orderly growth of urban areas i t i s of utmost importance to maximize the available water resources. Maximization of the use of t h i s resource w i l l be possible only through the de-velopment of good regional management programs. The problems which r e s u l t from poor water quality management became a concern i n the l a t t e r h a l f of the nine-teenth century as a res u l t of recognition of the dangers 3 presented to public health by water-borne disease germs. These dangers increased with growing urbanization and i n -d u s t r i a l i z a t i o n because of the concentrations of domestic and i n d u s t r i a l wastes disposed of i n waters which were being used f o r domestic water supplies. Pasteur*s discovery of disease germs, and the recognition that the presence of these germs i n public water supplies may be the cause of public health problems, enabled action to be taken to control the severity of the problems. P u r i f i c a t i o n methods such as the use of d i s i n f e c t a n t s l i k e chlorine also contributed extensively to the solution of the problems. P r i o r to the nineteenth century i n Europe, and the twentieth century i n North America, potable water was a v a i l a -ble i n undiminishing supplies. Since that time developing urbanization and i n d u s t r i a l i z a t i o n are producing problems fo r which solutions must be found. As increasing populations create greater demand f o r pure water, the supplies are being decreased by the addit-i o n a l wastes being deposited into these supplies. As fast as new chemical d i s i n f e c t a n t s are developed, industry creates other new wastes which require new methods of treatment. These problems are created primarily from raa^s need, and i t may be said his demand, to subject water to a multi-p l i c i t y of uses, many of which are c o n f l i c t i n g because of the varying degrees of purity required. The necessity f o r ef-f e c t i v e water quality management i s becoming more manifest, p a r t i c u l a r l y i n the United States now, as supplies of water are being depleted from overuse. The problem, p a r t i c u l a r l y i n Western Canada, has not yet reached c r i t i c a l proportions but i t i s considered that preventive measures should be taken before the water quality deteriorates to a degree where ex-tensive and expensive remedial action would be required. I I . OBJECTIVES OF THE STUDY The quantity and quality of available water supplies a f f e c t the v i a b i l i t y of urban areas. The effects which can r e s u l t are considered i n t h i s thesis i n the l i g h t of communi-ty and regional planning objectives. The control of water quality i n the Province of B r i t i s h Columbia, which i s the p a r t i c u l a r area of study, i s generally effectuated through the action of a multitude of organizations at the federal, p r o v i n c i a l , and municipal l e v e l s of government. The va r i e t y of l e g i s l a t i o n at the fe d e r a l l e v e l , through which these agencies exercise dir e c t or i n d i r e c t control, are The Fisheries Act, The Navigable Waters Protection Act, The Canada Shipping Act, The Criminal Code, and The National Housing Act. In the Province of B r i t i s h Columbia the c o n t r o l l i n g l e g i s l a t i o n includes The Po l l u t i o n - c o n t r o l Act, The Health Act, and The Water Act. Although the l e g i s l a t i v e j u r i s d i c -t i o n over a l l f i s h e r i e s i n Canada i s vested i n the federal government, the P r o v i n c i a l Department of Recreation and 5 Conservation, by agreement with the federal government, ad-ministers the non-tidal sport and commercial f i s h e r i e s . ^ At the municipal l e v e l of government there are spe-c i f i c organizations within each municipality, which receive t h e i r powers of administration through the B.C. Municipal Act and the Municipal Council, to control water quality within t h e i r j u r i s d i c t i o n . Basic to the successful a p p l i c a t i o n of planning at the community or regional l e v e l i s the a b i l i t y to control water quality because of the i l l - e f f e c t s which poor quality water can have on community or regional development. The objective of t h i s thesis i s to evaluate the e x i s t -ing system of water quality control within the Province of B.C. with the intention of devising a more operable framework through which more e f f e c t i v e control of water p o l l u t i o n may be imposed. I I I . DEFINITIONS OF WATER POLLUTION The disposal of human wastes and other organic refuse i n water has been the cause of many serious p o l l u t i o n R.G. McMynn, Report to the Special Committee on F i s h -eries Concerning the J u r i s d i c t i o n a l and Administrative Man-agement of the Commercial Fisheries of B.C. and the Major  Problems Associated With~the Management of the Resource ( V i c t o r i a , B.C.: Commercial Fisheries Branch, Department of Recreation and Conservation, Province of B.C., March, 1965), pp. 21-32. 6 problems since time immemorial. The extensive growth of population i n i t s e l f has caused the problem to become a s e r i -ous one. , To make the s i t u a t i o n even more c r i t i c a l these growing populations are concentrating i n urban areas, which generally depend upon a system of water courses to absorb t h e i r wastes. The .predicament becomes increasingly more c r u c i a l as i n d u s t r i a l development expands and the demands on the water supply system to assimilate these added wastes are increased. These are e s s e n t i a l l y the main causes of water p o l l u t i o n . Dr. R.H. Wright, a physical chemist of the B.C. Re-search Council defines p o l l u t i o n * simply as " d i r t , and d i r t 2 i s matter i n the wrong place." The Oxford English Dictionary defines 'pollute* and 'pollution* as follows: P o l l u t e : to make physically impure, f o u l , or f i l t h y ; to d i r t y , s t a i n , t a i n t , befoul. P o l l u t i o n : the act of p o l l u t i n g or condition of being polluted; uncleanness or impurity caused by contamin-ation. Coulson and Forbes define water * p o l l u t i o n 1 as i t applies p a r t i c u l a r l y i n common law as: The addition of something to water which changes i t s natural q u a l i t i e s so that the r i p a r i a n proprietor does Dr. R.H. Wright, "What i s Water Po l l u t i o n ? " (paper Presented at the Conference on Water P o l l u t i o n , Burnaby, , C , December 2, 1965). 7 not get the natural water of the stream transmitted to him.-? This d e f i n i t i o n gives the widest and broadest s i g n i f i -cance because i t dates back to a time when i t was possible to conceive of natural water. Increasing urbanization and i n -d u s t r i a l i z a t i o n have forced man to accept the fact that he must forego f n a t u r a l water* supply. In view of t h i s , narrow-er meanings have been ascribed to p o l l u t i o n 1 . In the p a r t i c u l a r area which i s studied i n d e t a i l here, namely the Province of B r i t i s h Columbia, the P o l l u t i o n -control Board defines p o l l u t i o n * i n the Po l l u t i o n - c o n t r o l Act as follows: In t h i s Act, unless the context otherwise requires, . . . " p o l l u t i o n 1 1 means anything done, or any resu l t or condition e x i s t i n g , created, or l i k e l y to be created, a f f e c t i n g land or water which, i n the opinion of the Board ( i . e . the Poll u t i o n - c o n t r o l Board established under t h i s a c t ) , i s detrimental to health, s a n i t a t i o n , or the public interest.4 Although t h i s d e f i n i t i o n i s applicable to the p o l l u t i o n of land as well as water, the subject area of t h i s thesis i s l i m i t e d to water p o l l u t i o n control and i t s implications f o r urban development. Coulson and Forbes, The Law of Waters, as quoted from Louis K l e i n , Aspects of River P o l l u t i o n , (London: Butterworths S c i e n t i f i c Publications, 1957), p. 18. ^Province of B r i t i s h Columbia, Pollution-control Act (R.S.B.C. I960, Chapter 289; 1963, Chapter 42; 1965, Chapter 37. 1965), p. 3645. IV. ORGANIZATION OF THE THESIS 8 A summary of the problem to be studied, a b r i e f h i s t o -ry of the problem, and the reasons f o r the study of the problem introduce the t h e s i s . The subject matter i s made more comprehensible by the i n c l u s i o n of d e f i n i t i o n s of water p o l l u t i o n , an i n d i c a t i o n of the scope of the study and a statement of l i m i t a t i o n s which e x i s t . The stage i s f i n a l l y set by a statement of the hypothesis of the t h e s i s . The need f o r conservation of e x i s t i n g water resources i s described i n Chapter II by a review of the s i t u a t i o n as i t developed and how i t was handled i n the extremely complex case of the Ruhr Valley i n West Germany. To bring the p i c -ture a l i t t l e closer to the p a r t i c u l a r case of study, namely the Province of B r i t i s h Columbia, the s i t u a t i o n i n the United States, an area of l e s s e r urbanization and i n d u s t r i a l i z a t i o n , i s considered i n the l i g h t of the a v a i l a b i l i t y of sources of good water supply and the need f o r increased control of the uses of t h e i r water resources. The rate of population growth i n Canada and the status of the water resources of Canada are viewed comparatively with that of the United States. It becomes evident from t h i s general overview and comparison that the demand f o r water i s increasing very rapi d l y and that control must be imposed i n order to protect the li m i t e d supplies of good water which are a v a i l a b l e . Control must be imposed primarily at the regional l e v e l with l e s s e r degrees of control at the l o c a l and federal l e v e l s . 9 Having established the increasing need f o r conserva-t i o n of available water resources, i t becomes necessary to examine the ways i n which the water resources can be used and how these various uses a f f e c t one another. The m u l t i p l i c i t y of b e n e f i c i a l uses of water are outlined i n d e t a i l i n Chapter I I I . It i s evident that, although these uses are a l l bene-f i c i a l i n one way or another f o r urban development, many of the uses c o n f l i c t with each other because of the varying degrees of purity required. It often becomes necessary to determine a hierarchy of uses i n order that the highest p r i o r i t y uses w i l l not be endangered by lower p r i o r i t y con-f l i c t i n g uses. Attempts have been made by using benefit-cost analyses, with much d i f f i c u l t y , to objec t i v e l y determine what uses should be permitted and at what scale. The objectives of community and regional planning are related to those of the various users of a water resource i n Chapter IV. The differences and s i m i l a r i t i e s i n these ob-j e c t i v e s are indicated and problem areas are i d e n t i f i e d . The his t o r y of water quality control In B.C. i s summa-riz e d i n Chapter V i n order to lead to an explanation of the organization of the e x i s t i n g framework which imposes the control. The exi s t i n g water quality problems i n the Province of B.C. are discussed. The exi s t i n g l e g i s l a t i o n and p o l i c y , which i s applicable i n B.C. at the f e d e r a l , p r o v i n c i a l and municipal l e v e l s of government, are c r i t i c a l l y reviewed and other means of c o n t r o l l i n g water quality are indicated. 1 0 The c r i t i c a l analysis of the e x i s t i n g l e g i s l a t i o n and policy leads to the formulation of recommendations and con-clusions as to the v a l i d i t y of the thesis hypothesis. These are documented i n Chapter VI. V. SCOPE AND LIMITATIONS Although t h i s study uses the organization structure i n water quality management i n the Ruhr Valley, the United States, and Canada, f o r i l l u s t r a t i v e purposes, the scope of the study i s confined primarily to the s i t u a t i o n i n the Province of B r i t i s h Columbia. The study scope has been re-s t r i c t e d to t h i s scale of consideration because of the l i m i t -ed amount of time and resources a v a i l a b l e . Only a small amount of information on the Ruhr Valley water quality con-t r o l l i n g organizations has been written i n English. Re-sources did not permit t r a n s l a t i o n of the German manuscripts. The extent of consideration of the s i t u a t i o n i n the Province of B r i t i s h Columbia consisted of a r e l a t i v e l y de-t a i l e d study of the aspects of l e g i s l a t i o n and policy which are applicable within the Province of B r i t i s h Columbia. There was neither s u f f i c i e n t time nor adequate personal q u a l i f i c a t i o n s to deal with the f i n e d e t a i l s of the pieces of l e g i s l a t i o n . The sources of information u t i l i z e d i n t h i s study include a broad spectrum of l i b r a r y material; personal i n t e r -views were conducted with newspaper personnel. Extensive 11 personal, informal, interviews were entertained by P r o v i n c i a l Government people on the P o l l u t i o n - c o n t r o l Board, i n the Health Department, i n the Department of Recreation and Con-servation dealing with f i s h e r i e s , and i n the Department of Municipal A f f a i r s dealing with Regional Planning. Federal Government employees of the Department of F i s h e r i e s i n Van-couver and of the B i o l o g i c a l Research Station at Nanairao, B.C., contributed information. A considerable amount of information was obtained by attending three conferences on water p o l l u t i o n held i n Vancouver. Interviews were conducted with researchers within the B.C. Research Council and with employees of the B.C. Regional O f f i c e of the Central Mortgage and Housing Corporation i n Vancouver. Some general i n f o r -mation was obtained from mailed questionnaires which were conducted by Mr. Arnie Myers of the Vancouver Sun newspaper. The organization and analysis of t h i s extensive pool of information assisted the writer i n obtaining a thorough knowledge of the strengths and weaknesses of the e x i s t i n g p o l l u t i o n - c o n t r o l organizations i n the province as well as the physical problems which exist as a r e s u l t of water-p o l l u t i o n . ; I t was observed that many of the d e f i c i e n c i e s e x i s t i n g as a r e s u l t of overlap of the excessive number of c o n t r o l l i n g organizations could be eliminated by unifying the control of water quality management. 12 VI. STUDY HYPOTHESIS The hypothesis of t h i s thesis i s that adverse physical conditions r e s u l t i n g from water p o l l u t i o n , which impede s a t i s f a c t o r y urban development, can be minimized by implementation of appropriate l e g i s l a t i o n and policy at the regional l e v e l . Urban development i s not fea s i b l e without an adequate supply of water which i s suitable f o r human consumption. Urban areas which are dependent upon water-oriented indus-t r i e s or industries which use large amounts of water, as t h e i r economic base, cannot be expected to survive under a shortage of usable water. Urban inhabitants, p a r t i c u l a r l y i n the United States and Canada, u t i l i z e water resources extensively f o r recreational purposes. These and many other uses of water, upon which an urban area depends f o r s a t i s -factory development, are greatly r e s t r i c t e d by water pol-l u t i o n . Polluted water, besides being unusable or permitting only l i m i t e d use f o r domestic and i n d u s t r i a l consumption, may be v i s u a l l y undesirable or create undesirable odours. There i s no question that these factors would impede s a t i s f a c t o r y urban development. Water quality management programs must be exercised on a regional basis to ensure a maximization of b e n e f i c i a l uses of ava i l a b l e water resources. The problem i n planning such a program i s to s t r i k e a reasonable balance i n permitting con-f l i c t i n g uses without endangering those uses of higher p r i -o r i t y . This can be accomplished only by implementation of 13 adequate l e g i s l a t i o n and pol i c y . VII, SUMMARY WATER QUALITY MANAGEMENT i s coming to dominate the problem of planning f o r development and use df water resources i n many parts of the United States. Moreover, i t has become widely recognized that water quality i s a problem which i n most respects, can be best analyzed and dealt with on a regional basis.5 This problem i s becoming prevalent i n Canada as well, as l e v e l s of urbanization and i n d u s t r i a l i z a t i o n approach those i n the United States. The m u l t i p l i c i t y of man's uses f o r water creates an ever-increasing demand on water re-sources. As demands f o r pure water increase the supplies are depleted by c o n f l i c t i n g uses, such as the use f o r sewage waste a s s i m i l a t i o n . The objectives of the study, d e f i n i t i o n s of water pol-l u t i o n and the general organization of the thesis are out-l i n e d i n t h i s Chapter. The writer documents the need f o r conservation of the exis t i n g water resources i n Chapter I I by considering the cases of the Ruhr Valley, the United States and then Canada. ^Allen V. Kneese, "Water Quality Management by Regional Aut h o r i t i e s i n the Ruhr Area," Papers and Proceedings of the  Regional Science Association, Volume 11, 1963, pp. 229-230. CHAPTER II WATER RESOURCES: THE NEED FOR CONSERVATION MAN AND HIS WORKS have created a p o l l u t i o n problem since time immemorial. The more gregarious he became, the more the problem pressed upon him. U n t i l perhaps the l a s t century, at least i n the United States, the s i t u a t i o n was not s u f f i c i e n t l y acute to c a l l f o r t h con-certed attack.1 It i s evident from the findings of extensive research conducted, p a r t i c u l a r l y i n the United States, by such organ-iza t i o n s as Resources f o r the Future, Incorporated, the United States Public Health Service and the American Water Works Association, that e x i s t i n g water resources are rapidly diminishing i n u t i l i t y f o r human consumption. The quantity of water, which i s exi s t i n g i n the water resources of the world, i s generally considered to be inexhaustible. 2 Thomas R. Gamp, a consulting engineer who has done a considerable amount of work f o r the U.S. Public Health Service i n the study of water qu a l i t y , points out that the value of water i s not r e a l i z e d because the supply i s so plentiful.-* The result Abel Wolman, "Water P o l l u t i o n Abatement: The Nature of the U.S. Problem," In Comparisons In Resource Management (Baltimore: The Johns Ro~pkins University Press f o r Resources f o r the Future, Inc., 1961), p. 137. o Samuel S. Baxter, "Determination of Stream Use," Journal of the American Water Works Association, 56:10, October, 19647 p. 1285. -^Thomas R. Camp, Water and Its Impurities (New York: Reinhold Publishing Corporation, 1963), p. 1. i s that t h i s basic resource has been increasingly abused by i t s u t i l i z a t i o n f o r waste disposal purposes. Accompanied by increasing population growth and urban-i z a t i o n i s an increasing rate of growth i n i n d u s t r i a l de-velopment. Both population growth and i n d u s t r i a l development have placed a greater demand on ex i s t i n g water resources by the fact that there are increasing numbers of users. To add to t h i s problem, domestic consumption has increased recently because of modern i n d u s t r i a l society's higher standard of l i v i n g , more bathing, dishwashers, and automatic washers. There i s greater lawn area per user as a res u l t of the trend to have l a r g e r l o t s and more grassed areas f o r each s i n g l e -family dwelling.^ For example, as i s indicated i n Figure 1^, page 16 , average d a i l y single-family dwelling r e s i d e n t i a l water consumption i n Wichita, Kansas, has increased consider-ably over the past three decades. Some of the various reasons given f o r t h i s increased consumption are that as family incomes r i s e increased water usage can better be afforded, improved systems have brought about better q u a l i t y and increased pressure, which leads to an increase i n quantity used. 4-F.P. Linaweaver J r . , J.C. Geyer, and J.B. Wolff, "Progress Report on the Residential Water Use Research Pro j e e t , " Journal of the American Water Works Association, 56 :9 , September, 1964, p. 1121 . ^Task Group, "Study of Domestic Water Use," Journal  of the American Water Works Association, 5 0 : 1 1 , November, 19537~p. 1411. AVERAGE RESIDENTIAL CONSUMPTION 16 IN WICHITA, KAN., 1924-55 80 1 1 1 1 1 1 1 1 O t f N O i r » O i r \ C > t f \ cn C N . c n cn cn cn cn cn r — I i — I r - H r — l r — I r H r H r H FIGURE 1 (SOURCE OF THESE TWO CURVES: Task Group Report, "Study of Domestic Water Use," Journal of the American Water Works Association. 50:11, November, 1958, pp. 1411-1412.) TRENDS IN RESIDENTIAL WATER SALES, 1939-56 150 | — I — I — I — I — I — I — I — I — I — I — I — I — I — I — | — I — I — i — I 17 Figure 2 , page 16, portrays average single-family dwelling d a i l y water consumption i n the United States, based on data collected from 58 systems. I n d u s t r i a l usage i s increased because of the increased scale of operation and the greater demand fo r water i n new processes. Water, besides being required l e g i t i m a t e l y i n greater amounts, i s being used wastefully p a r t i c u l a r l y i n regions of supposedly p l e n t i f u l supply i n the United States.^ I. PROBLEM RECOGNITION: THE RUHR VALLEY An h i s t o r i c example of recognition of the need f o r water quality management i s the Ruhr Valley i n West Germany. In t h i s highly i n d u s t r i a l i z e d and heavily populated area seven large cooperative water resources associations c a l l e d •Genossenschaften* have been organized by sp e c i a l l e g i s l a t i o n d i n the period from 1904 to 1958. These Associations, as indicated by Kneese: . . . were given almost complete multipurpose authority over water quantity and q u a l i t y i n entire watersheds by t h e i r s p e c i a l laws . . . . They have f o r up to 50 years made comprehensive plans f o r waste disposal, water supply, Ibi d . . p. 1412. Ibid., p. 128. A l l e n V. Kneese, "Water Quality Management By Regional Authorities i n the Ruhr Area With Special Emphasis on the Role of Cost Assessment," Papers and Proceedings of the Regional  Science Association, Vol. 11, 1963, pp. 234-236. 18 flood control, and land drainage (a problem of great significance in the coal mining areas).9 The area of the 1Genossenschaften*"contains five important cities comprising a total population of some eight million people. It is one of the most concentrated i n -dustrial areas in the entire world and, to accentuate the problem, i s contained on a land area of only 4,300 square m i l e s . T h i s provided an average population density in I960 of about 1,700 persons per square mile in the whole Ruhr area, as compared with an average of about 800 persons per square mile in Rhode Island and New Jersey.*"1" This extensive popu-lation and industrial growth has placed an extreme demand on the limited water resources available in the Ruhr area. It has brought about the necessity for concerted effort in man-agement of water resources to ensure survival and growth of the area. Flowing through West Germany's most concentrated i n -dustrial region, the river remains clean enough for swimming and boating within the shadows of industrial smokestacks. This i s a l l possible because of the efforts of a cooperative Ibid. Ibid., pp. 236-237. Gordon M. Fair, "Pollution Abatement in the Ruhr Di s t r i c t , " Comparisons In Resource Management (Baltimore: The Johns Hopkins University Press for Resources for the Future, Inc., 1961), p. 144. 19 society of 250 municipalities with 2,200 industries along the r i v e r . The association operates on the p r i n c i p l e that the costs of p u r i f i c a t i o n must be borne by the p o l l u t e r . This has promoted the building of over 100 p u r i f i c a t i o n plants since 1948, and encourages members to clean up t h e i r own wastes. Since the area i s dependent upon a very low t o t a l v o l -ume of water flow, the e f f i c i e n c y of the operation must be very high. In t h i s regard, far-reaching c o l l e c t i v e abatement measures and stream s p e c i a l i z a t i o n are employed. Whereas the Ruhr and Lippe Rivers are generally used f o r recreation and municipal-industrial water supply, the Emscher i s used ex-c l u s i v e l y f o r waste d i l u t i o n , degradation, and transport. Despite these low p r i o r i t y uses there i s a quality objective of avoidance of aesthetic nuisance. I I . UNITED STATES WATER CONSERVATION STATUS The problems a r i s i n g from water p o l l u t i o n i n the United States are becoming increasingly c r i t i c a l . It i s estimated by Resources f o r the Future that the U.S. popu-l a t i o n , using medium rates of growth, w i l l reach 244 m i l l i o n by 1980 and 329 m i l l i o n by the year 2000. 1 2 Wolman goes on to point out that "the pace of expenditures (for water quality control) must be stepped up, i f the country i s to Wolman, OJJ. c i t . , p. 138. 20 remove the backlog of the past 20 years and keep ahead of the urbanization and i n d u s t r i a l i z a t i o n needs of the future decades."'''-* The United States Government i s slowly beginning to recognize the long range significance of the i n t e r - r e l a t e d problems which are inevitable unless positive action i s taken to achieve e f f e c t i v e water quality control. This i s i n d i -cated by Kneese*s reference to a report of the Senate Select Committee.on National Water Resources, which he suggests "helps give perspective to the possible magnitude of the water qua l i t y management task i n the various water resources regions.""^ The report points out that most areas i n the United States have a s u f f i c i e n t l y adequate supply of water f o r various projected uses. It goes on to point out that "presently dependable supplies are generally f a r from ade-quate to provide d i l u t i o n s of projected future municipal and 15 i n d u s t r i a l waste discharge." ' The Committee contends that to maintain comparatively clean streams might involve a national expenditure of an additional $100 b i l l i o n d o l l a r s by the year 2000. The increasing severity of the problem i s acknowledged and there i s recognition of the need f o r large 1 3 I b i d . , p. 139. 14 Kneese, oj>. c i t • , p. 230. 15 Ibid. 21 scale programs in water resource management. The U.S. federal government passed the "water Resources Planning Act of 1965" in an effort to coordinate the policies and programs of the various agencies of the three levels of government in the f i e l d of water resources. The three basic objectives of the Act are: 1. To f a c i l i t a t e coordination of federal policy at. the Washington level, 2. To foster coordination of governmental ac t i v i t i e s bearing upon water resources management within individual river basins, and 3. To strengthen the planning ac t i v i t i e s at the state level of government. The "Water Quality Act of 1965" was enacted to strengthen water quality management programs by providing major federal participation in water pollution abatement. Its basic provisions, as indicated by Professor R.O. Sylvester, are: to establish a national policy regarding water pol-lution; to give major stature to the administration of water pollution control by the establishment of a Fed-eral Water Pollution Control Administration; to increase grants for research, development and construction re-lated to water pollution control; and to require the establishment of water quality standards in each state, either by state or federal action.1° University of British Columbia, 1965 Conference On  Water Pollution Proceedings (University of British Columbia, Department of University Extensions, 1966), p. 7. 22 The enactment of these Acts i s a major step forward i n the protection of water resources i n the United States. I I I . WATER QUALITY PROBLEMS IN CANADA The extent to which problems a r i s e due to water pol-l u t i o n i n Canada, and more p a r t i c u l a r l y B r i t i s h Columbia, i s f a r l e s s - c r i t i c a l than i n the United States because of the lag i n population growth, urbanization and i n d u s t r i a l i z a t i o n . Although t h i s i s the s i t u a t i o n at present, i t i s evident that the experiences of other countries should be u t i l i z e d so that action can be taken now to prevent the problems from occurring i n the future. Canada i s developing very quickly and i n the near future the l e v e l s of urbanization and i n d u s t r i a l i z a t i o n may approximate those of the United States. A Report of the Rowell-Sirois Commission, published i n 1940, described Canada as "one of the least s e l f - s u f f i c i e n t countries i n the world" because the country i s not developed adequately to produce goods and services to provide f o r her own requirements.-^ Seventeen years l a t e r the Royal Commission on Canada's Econ-omic Prospects recognized that t h i s i s no longer "an accurate description of the Canadian economy as i t exists today." •^Government °^ Oanada, Royal Commission on Canada 1s  Economic Prospects - F i n a l Report (Ottawa: Queen's P r i n t e r and Controller of Stationery, 1957), pp. 94-95. I b i d . The post-war period brought an economic boom which has re-sulted, i n the necessary i n d u s t r i a l i z a t i o n to make Canada r e l a t i v e l y more i n d u s t r i a l i z e d . Along with t h i s boom came tremendous growth i n population and urbanization. The rapid rate of population growth and urbanization i n Canada i s i n d i -19 cated i n Table 1 , with data taken from the Dominion Bureau of S t a t i s t i c s Census data. A graphical representation of comparative growth rates i n Canada and B r i t i s h Columbia i s presented i n Figure 3, page 24. URBAN GROWTH TRENDS IN CANADA & B.C. (Population i n thousands.) Year Total af I Increase Rural Urban "Urban Canada B.C. Can. B.C. Canada B.C. Canada B.C. Can. B.C. 1901 5,371 178 34 121 3,350 88 2,022 90 38 50 11 7,207 393 22 34 . 3,934 189 3,273 204 45 52 21 8,788 525 18 32 4,436 277 4,352 248 50 . 47 31 10,377 695 11 18 4,805 300 5,572 395 54 57 41 11,507 817 22 43 5,254 374 6,252 443 54 54 51 14,009 1,165 30 40 5,381 372 8,628 793 62 68 61 18,238 1,629 5,538 447 12,700 1,182 69 73 ^Settlements of 1,000 or more population. SOURCE: Dominion Bureau of S t a t i s t i c s , Canada Year Book (Ottawa: Queen's P r i n t e r and Controller of Stationery) 1916-p. 83; 1946-p. I l l ; 1956-p. 153; 1961-p. 1197. TABLE 1 ^Dominion Bureau of S t a t i s t i c s , Canada Year Book (Ottawa: Queen's P r i n t e r and Controller of Stationery) 1916-p. 83; 1946-p. I l l ; 1956-p. 153; 196l-p. 1197. POPULATION TRENDS 24 20 10 9 8 7 6 5 4 CANADA^.- — DOMINION OP STAI CANADA YE r BUREAU ISTICS AR BOOK • 0.5 1901 1911 1921 1931 YEAR FIGURE 5 1941 1951 1961 25 PROJECTION OP PRINCIPAL USES.' FOR WATER IN CANADA, 1960-1990 — — — — — — _^--«*^indus-; r i a l Pan a and I r r i ^ gation^. -— — • — " ^-^^Reside m t i a l and Commercial -1%0 1965 1970 1975 YEAR 1980 1985 1990 SOURCE: Ralph R. Kruegar, et. a l . (ed.), Regional Resource Planning i n CanadaTToronto: Holt, Rinehart and Winston of Canada, Limited, 1963)» p.164 FIGURE 4 26 By means of population projections and a prediction of changes in the usage of water, future demands on the water resources can be determined. A projection of the principal uses for water in Canada has been made to the year 1990. It is reproduced in graphical form in Figure 4, page 25. Canada i s experiencing a growing economy, increasing population, urbanization and industrialization. "Resources for the Future" points out that: THE CHIEF PRESENT-DAY PROBLEMS of water resources result from heavy demand and from conflicts in demand stimulated by a vigorous economy, expanding population, and widespread i n d u s t r i a l i z a t i o n . 2 0 The growing problems in Canada are evident from the experience of others, but the means of coping with the prob-lems have been devised for remedial action. It should not be an insurmountable task for Canada to use these experiences to formulate preventive legislation and policy to bring about conservation of her vast water resources. IV. SUMMARY The rapidly expanding population and industrial growth, resulting in extensive urbanization, creates i n -creasing demands on existing water resources. The problem of inadequate water resources is accentuated by the increased demand per capita because of a higher standard of l i v i n g , Water Resources (Washington, D.C.: Resources for the Future, Annual Report, 1964), p. 42. 27 automatic washers, dish washers, and increased lawn sprink-l i n g , and the fact that so many new types of efflue n t s are being created by modern i n d u s t r i a l production. These problems have been recognized i n the Ruhr Valley, where water supply i s very l i m i t e d , and appropriate action has been taken. In the United States the problems are l e s s c r i t i c a l but action i s being taken i n the forms of l e g i s l a -t i o n of the "Water Resources Planning Act of 1965" and the "Water Quality Act of 1965" to insure against a c r i t i c a l condition. As the rates of urbanization and i n d u s t r i a l i z a t i o n increase i n Canada, the p o s s i b i l i t i e s of att a i n i n g a c r i t i c a l condition i n our water resources increase unless appropriate action i s taken now. Canada should u t i l i z e the experiences of other countries to formulate preventive l e g i s l a t i o n and policy to bring about conservation of her vast water re-sources. The subjects of water uses, c o n f l i c t s which occur among these uses, and the u t i l i t y of the establishment of a p r i o r i t y of uses, w i l l be dealt with i n d e t a i l i n Chapter I I I . CHAPTER III THE RELATIONSHIPS BETWEEN WATER USAGE AND URBAN AND REGIONAL PLANNING Water, one of the basic requirements of a l l forms of l i f e , shares with a i r , the position of being the most impor-tant natural resource i n the l i f e of man, animals and plants. Thomas R. Camp points out that water i s not only necessary f o r l i f e , but i s i n fac t a part of l i f e i t s e l f , since the protoplasm of most l i v i n g c e l l s contains about #0 percent water, and he indicates that "Every a c t i v i t y of man involves some use of water."^ Since the beginning of time man has experienced i n -creasing urbanization, and water has always been a major fact o r i n the lo c a t i o n and development of urbanized areas. Craine points out that since the beginning of time water has provided a m u l t i p l i c i t y of services or amenities f o r urban existence and that the "recognition of these i s fundamental to an understanding of the relationships between water man-2 agement and urban planning." Within the great number of alt e r n a t i v e uses of water by man, there are many areas of c o n f l i c t . This s i t u a t i o n ^Thomas R. Gamp, Water and Its Impurities (New York: Reinhold Publishing Corporation, 1963), p. 1. o Lyle E. Craine, "Water Management And Urban Planning," American Journal of Public Health, Vol. 51, No. 3, p. 428. 29 results in the necessity for man to eliminate these conflicts by determining a hierarchy of uses of water and by permitting only specific uses for certain bodies of water, or by re-moving the conflicts by the use of some physical or chemical process by which the physical quality of the water i s re-turned to i t s previous state, I. THE RANGE OF USES FOR WATER Man's dependence upon water i s best expressed by an indication of the multiplicity of services he obtains from this resource. He i s dependent upon i t primarily because, as Camp puts i t , "the biochemical reactions that occur in the metabolism and growth of liv i n g cells involve water, and a l l of them take place in water, which has often been referred to as the universal solvent."-^ He requires water for domestic purposes principally for drinking and culinary needs. Other requirements within the category of domestic usage are for bathing, washing, laundering, heating and a i r conditioning, lawn sprinkling, and for the disposal of domestic sewage. Man's chief concern has always been to obtain an ade-quate supply of clean water, for where there was water food could be grown. As the population grows in any area however, the need for food rises and as urbanization occurs, the area of food producing land decreases. This means that there i s Camp, op_. c i t . , p. 1. 30 a requirement f o r a substantial increase i n farm production or an increase i n food imports to the area. Notwithstanding the p o s s i b i l i t y of importing food, the solution to t h i s problem, at l e a s t f o r the time being, may be to increase the l o c a l production by the conversion of t r a d i t i o n a l dry farming methods to modern methods of i r r i g a t i o n . ^ This means of i n -creasing production places great demands on the water re-sources. I t i s indicated i n a report on Water Resources and Requirements of Western Canada that "Although the development of i r r i g a t i o n i n our country has been hampered by the small market f o r spec i a l i z e d a g r i c u l t u r a l products, approximately three m i l l i o n acre feet (one acre foot of water i s the volume of one foot of water over the area of one acre) of water i s now being used annually ( i n Western Canada) f o r i r r i g a t i o n . " ^ Another use of water i n a g r i c u l t u r a l production i s f o r l i v e -stock r a i s i n g . Industry places a considerable demand on the available water resources f o r processing and cooling. Some commonly accepted facts are that i t takes 5 gallons of water to pro-duce 1 gallon of milk, 10 gallons to produce a gallon of ^The Ralph M. Parsons Company, North American Water  And Power A l l i a n c e (Los Angeles: The Ralph M. Parsons Company, 1964), NEWS & VIEWS, pp. 2-3. -*J.W. McCaig and F.W. Patterson, "Water Resources and Requirements of Western Canada" (paper presented to The Canadian I n s t i t u t e of Mining & Metallurgy, Calgary, Alberta, October 2 6 , 1965), p. . 2 . 31 gasoline, 65,OGO gallons to produce 1 ton of s t e e l , 70,000 gallons to make 1 ton of wood pulp and 600,000 gallons to fat manufacture 1 ton of synthetic rubber. A conservation pro-gram including more careful control and the re-use of some of the water i n these processes would r e s u l t i n a considerable reduction i n t h i s exceedingly large volume of usage. The p r i n c i p a l use of water i n a l l provinces of Canada, with the exception of Prince Edward Island, i s f o r the gen-eration of hydro-electric power.? This i s not to imply that t h i s usage should receive f i r s t p r i o r i t y . The use of water i n the production of e l e c t r i c i t y i s applicable to the pro-duction of steam power as well as to the production of hydro-e l e c t r i c power. Water constitutes the natural environment f o r the sur-v i v a l of vast populations of f i s h and thereby an adequate supply i s necessary for the v i t a l i t y of a large f i s h i n g i n -dustry. Besides supporting the commercial f i s h i n g industry water bodies also harbour f i s h f o r sport f i s h i n g . Water navigation, one of the f i r s t modes of transport-a t i o n , i s an economical means of transportation at s p e c i f i c scales, and i s dependent upon water f o r i t s function. As other means of transportation approach capacity, which i s not Ibid., p. 3. Ibid ., p. 2. 32 outside the realm of p o s s i b i l i t y with the economic progress of the world today, t h i s could become an important function. Since t h i s use often involves the dumping of s o l i d or l i q u i d wastes, i n t e n t i o n a l l y or unintentionally, i t constitutes a threat to good water q u a l i t y . In addition to these areas of increasing water demand, the change i n the s o c i e t a l structure of North America, with increased urbanization and i n d u s t r i a l i z a t i o n bringing about a shorter work-week and higher per capita incomes, has created an even greater demand on water resources f o r recreational purposes. Wolman indicates that "Water resources play a tremendously important role i n the recreational l i f e of a nation."** Such recreational a c t i v i t i e s as swimming, sport f i s h i n g , water-skiing, s a i l i n g and motorboating have become an accepted part of the American way of l i f e . Water i s nec-essary f o r the propagation of w i l d l i f e , which i n turn pro-" vides another means of recreation i n the form of hunting. To some the propagation of w i l d l i f e may add to the pleasure of bird-watching. Many people u t i l i z e bodies of water i n a more abstract manner by deriving s a t i s f a c t i o n from t h e i r aesthetic value as exemplified by Craine fs description, "We would rather p i c n i c by the- water; and we view with envy the house (or cottage) on Abel Wolman, Water Resources (Washington, D.C.: National Academy of Sciences-National Research Council, 1 9 6 2 ) , p. 8. 33 .. 9 the banks of a stream . . .". This i s evidenced by the fact that properties having water frontage are always considerably higher i n value than other properties of s i m i l a r character-i s t i c s , but lacking that unique q u a l i t y . Abel Wolman sums up these l a s t few points very aptly as follows: Major interest i n our society now turns to the pro-t e c t i o n of recreation, w i l d l i f e , and aesthetic values of streams, lakes and estuaries. Here the man i n the s t r e e t , uncluttered by s c i e n t i f i c doubts and delayed research-, clamors f o r v i s i b l e cleanliness rather than i n v i s i b l e risk.10 With the absolute growth of population, with increased urbanization and with changing patterns of i n d u s t r i a l i z a t i o n , the volume of man's domestic and i n d u s t r i a l wastes has d r a s t i -c a l l y increased. The safe disposal of these wastes has cre-ated a c r i t i c a l problem. Rivers, being the best natural agent f o r carrying and digesting these wastes, are used ex-t e n s i v e l y f o r t h i s purpose. The problem l i e s i n the fact that a f t e r d i l u t i o n of wastes reaches a certain point the water becomes unable to absorb further wastes by i t s natural s e l f - p u r i f i c a t i o n process and t h i s r e s u l t s i n the formation of sulphur compounds, a diminishing of the dissolved oxygen, "Craine, op_. c i t . , p. 428. 1 0 A b e l Wolman, "Water P o l l u t i o n Abatement: The Nature of the U.S. Problem," Comparisons In Resource Management (Baltimore: The Johns Hopkins University Press f o r Resources f o r the Future, Inc., 19o l ) , p.. 139* and the formation of ammonia, carbon dioxide and methane or marsh gas. Man subjects water to a great v a r i e t y of uses f o r h i s immediate convenience. This m u l t i p l i c i t y of uses i s summar-ized by Thomas R. Camp as follows: Man uses water not only f o r drinking and culinary purposes but also f o r bathing, washing, laundering, heating and air- c o n d i t i o n i n g , f o r ag r i c u l t u r e , stock, . r a i s i n g gardens, f o r i n d u s t r i a l processes and cooling, f o r water power and steam power, f o r f i r e protection, f o r disposal of wastes, f o r swimming, boating and other recreational purposes, f o r f i s h and w i l d l i f e propagation, and f o r navigation.H Since man has chosen to subject the water resources to such a range of varying uses, he has come to recognize that these uses are often c o n f l i c t i n g . . I I . CONFLICTS WHICH EXIST AMONG POTENTIAL USES FOR WATER Many of the uses f o r which man needs water are incom-patible i n that excessive use f o r one purpose may l i m i t i t s use f o r another. U n t i l recently, i n most parts of the United States and Canada, the problem of incompatibility has been overlooked because of the a v a i l a b i l i t y of vast quantities of clean water. Urban development i s occurring at an ever-increasing ra t e . As urbanization increases, the demand f o r domestic Camp, - op. c i t . , p. 1. water supply increases at a fa s t e r rate. With these r e a l i z e d increases.there i s an i n t e n s i f i c a t i o n of the domestic sewage disposal problem. The source of water supply i s , i n many cases, the receptacle*of the sewage which i s discharged. Un-controlled discharge can re s u l t i n a c r i t i c a l debasement i n the water resource. Both of the uses are recognized as im-portant and perhaps necessary f o r o v e r a l l e f f i c i e n c y of oper-ation. The incompatibility of these two uses i s p a r t i c u l a r l y recognized when one use becomes so intensive that the other use i s not reasonably p r a c t i c a l . The need f o r increased farm production has involved the use of water i n the adaptation of dry farming to i r r i -gation methods.. Also involved i n the process of increased food production has been the adoption of the use of p e s t i -cides, weed-killer chemicals and f e r t i l i z e r s . These sub-stances may f i n d t h e i r way into the i r r i g a t i o n waters and back to the source of supply. Contamination of a water supply by these ingredients can be c r i t i c a l to the l i f e of f i s h and perhaps even to human and animal l i f e i f the concen-t r a t i o n s get too high. Besides t h i s problem, the diversion of water f o r i r r i g a t i o n purposes can af f e c t navigation by lowering the navigable depth, i t may lower power potentials, i t reduces the capacity of that water body fo r waste disposal d i l u t i o n purposes, i t may decrease recreational values, aesthetic values and r e s u l t i n a destruction of the f i s h and 36 w i l d l i f e environment.-^ Problems may also occur from r e s u l t -ant changes i n ground water l e v e l s . I n d u s t r i a l processes develop i n d u s t r i a l wastes which are often highly t o x i c . The discharge of these wastes i s generally into an active body of water such as a r i v e r or the tidewaters. The r e s u l t may be debasement of that water course to the point where i t may not be useful f o r such other uses as domestic supply, recreation, and f i s h propagation. The production of hydro-electric and steam power resu l t s i n temperature increases thus impairing the quality f o r alternative uses. Water, which i s to be used f o r the production of hydro-e l e c t r i c power must be r e l a t i v e l y free of dissolved oxygen, because i t i s corrosive to metals. This freedom of dissolved oxygen i s not conducive to aquatic l i f e . ^ - * It i s evident from t h i s review that, although each use of water, when considered on i t s own merits, appears to be j u s t i f i a b l e , i t may not be so legitimate from a comprehensive viewpoint. Since man has decided to subject i n d i v i d u a l water bodies to a m u l t i p l i c i t y of uses, each demanding a d i f f e r e n t E.F. Renshaw, "Value of an Acre-foot of Water," Journal of the American Water Works Association, 50:3, March, 1958, p. 303. 13 Camp, op_. c i t . , p. 2. 37 degree of cleanliness, i t would appear that he must cope with the problem of determining use p r i o r i t i e s . On the other hand he may prohibit those users, who debase the water, from low-ering the quality below that required by the higher p r i o r i t y users. I I I . HIERARCHY OF PRIORITIES FOR WATER USAGE The determination of p r i o r i t i e s i n the a l l o c a t i o n of uses of water resources i s an extremely complex process. The complexity arises primarily i n the d e f i n i t i o n of the object-ives of the system. The main d i f f i c u l t i e s originate i n an attempt to evaluate such objectives as recreational uses or the more abstract use of pleasure derivation from the scenic view, which may be presented by the water resources. Since people are w i l l i n g to pay to receive recreational or scenic view benefits, these services can perhaps be evaluated.*^ In order to obtain an accurate appraisal of the r e l a t i v e advan-tages and disadvantages of the al t e r n a t i v e uses of water being considered, i t i s necessary to consider these and other s o c i a l implications as well as the purely monetary values. Water uses i n order of decreasing water quality have 15 been itemized as follows: ^ Otto Eckstein, Water Resource Development: The  Economics of-Project Evaluation (Cambridge: Harvard Uni-v e r s i t y Press, 1958), p. 41. 1 5T.A.J. Leach, " P r a c t i c a l Problems of Water P o l l u t i o n Sixth B.C. Natural Resources Conference, 1953, p. 178. 38 1 . Public water supply 2 . Fish propagation 3. Recreation and bathing 4. I n d u s t r i a l water supply 5. A g r i c u l t u r a l use 6. Water power 7. Navigation 8. Disposal of sewage and i n d u s t r i a l wastes. Leach points out that the required water quality Is deter-mined by the higher use, where more than one use i s permitted. The problem becomes one of defining water qu a l i t y , because i t i s possible that the quality of water required by the highest use l i s t e d may not be adequate f o r a lower use. For example, the highest p r i o r i t y use, namely public water supply, can toler a t e a t o t a l s a l t content of up to 500 parts per m i l l i o n , whereas i n a much lower usage, namely the production of steam power, a t o t a l s a l t content of not more than one part per •I L m i l l i o n i s permissible. It may be stated that, according to the c r i t e r i o n that highest quality requirements should receive highest p r i o r i t y , usage f o r the production of steam power should be a higher use than that of domestic consump-t i o n . In an area where there are alternative sources or where import i s f e a s i b l e f o r public water supply, and where i t i s advantageous to produce steam power, t h i s c r i t e r i o n Camp, 0 £ . c i t . , p. 2 . may be applicable. A means of determining the probable value of the various uses f o r the water resource i s to consider the price which people are w i l l i n g to pay f o r i t . A p r i o r i t y ordering can be obtained by t h i s means. This p a r t i c u l a r means of evaluation was undertaken by E.F. Renshaw i n a consideration of the mean and maximum prices people would pay f o r the use of water i n seven categories of uses. The data, which were extracted from a survey of 416 c i t i e s with populations of 17 10,000 and over i n the United States, ' are presented i n 1 8 Table 2 , page 4 0 . The l i s t of use categories i s not exhaustive i n that there was no attempt made to assign monetary value to recre-a t i o n a l and aesthetic a t t r i b u t e s of water. The highest p r i o r i t y use, as can be observed from the c l a s s i f i c a t i o n i n Table 2 , i s that of domestic usage. This i s the only usage l i s t e d which i t would be v i r t u a l l y impossible to l i v e with-out, so i t should naturally receive the highest p r i o r i t y . H.F. Seidel, A.S. Johnson, and D.0. Decker, "A S t a t i s t i c a l Analysis of Water Works Data f o r 1950," Journal  of the American Water Works Association, 45:12, December, 1953, p. 1309. 18 Renshaw, o_p_. c i t . , p. 304. 40 VALUES OF WATER (Water Value i n |/acre foot*) CATEGORY MEAN MAXIMUM Domestic $100.19 $235.66 I n d u s t r i a l 40.73 163.35 I r r i g a t i o n 1.67 27.04 Hydropower 0.71 5.90 Waste disposal 0.63 2.56 Inland navigation 0.05 1.17 Commercial f i s h e r i e s 0.025 1.06 A 1 acre foot = 0.326 m i l l i o n gallons SOURCE: E.F. Renshaw, "Value of an Acre-foot of Water," Journal of the American Water Works Association, 50:3, March, 1958, p. 304. TABLE 2 This general c l a s s i f i c a t i o n , although i t may be acceptable as a means of determining national p r i o r i t i e s , i s not necessarily applicable to every body of water or every l o c a l i t y . In a l o c a l i t y where there are several d i f f e r e n t sources of water, the most e f f i c i e n t a l l o c a t i o n of uses may be to permit only certain uses i n s p e c i f i c reaches of streams. C l a s s i f i c a t i o n of p r i o r i t i e s i n t h i s p a r t i c u l a r case may be according to a desirable degree of cleanliness by the highest p r i o r i t y user i n that stream. This can only be treated as a general r u l e , because a s p e c i f i c aspect of water quality which may not be detrimental to the highest 41 p r i o r i t y u s e r may be h a r m f u l t o a l o w e r p r i o r i t y u s e r . The p r i m e example i n t h i s r e g a r d i s t h a t o f d o m e s t i c usage v e r s u s usage f o r t h e p r o d u c t i o n o f s team power w h i c h was c i t e d e a r l i e r . A n o t h e r example i s t h a t , a l t h o u g h t h e t o x i c e f f l u -e n t s o f i n d u s t r i a l w a s t e s may n o t be h a r m f u l t o human c o n -s u m p t i o n t h e y may r e s u l t i n damage t o t h e g i l l s o f f i s h . A v e r y s o p h i s t i c a t e d and r e l a t i v e l y o b j e c t i v e means o f d e t e r m i n i n g u s e p r i o r i t i e s i s by c o n d u c t i n g a b e n e f i t - c o s t a n a l y s i s o f a l l u s e s o f w a t e r w i t h i n t h e s t u d y a r e a . I t s h o u l d be p o i n t e d o u t t h a t c o m p l e t e o b j e c t i v i t y i s i m p o s s i b l e b e c a u s e o f t h e n e c e s s i t y f o r p l a c i n g a r e a l v a l u e on s u c h a s p e c t s as b e n e f i t s r e c e i v e d f r o m r e c r e a t i o n , f i s h , and w i l d -l i f e . Hammond p o i n t s o u t t h a t " T h e i r v e r y i n t a n g i b i l i t y , i t m i g h t be a r g u e d , p r e c l u d e s them f r o m b e i n g r e g a r d e d as a r e t u r n on i n v e s t m e n t . " - ^ P r o b l e m s a r i s e i n t h e a p p l i c a t i o n o f t h i s method o f a n a l y s i s i n t h a t t h e c o s t s o f t r e a t i n g a w a t e r s u p p l y , a p r o c e s s w h i c h i s i n e v i t a b l e f o r a l l s u r f a c e w a t e r , a r e n o t r e d u c e d i n p r o p o r t i o n t o t h e c o s t s o f t r e a t m e n t u p s t r e a m . T h i s s h o u l d n o t be t a k e n t o mean t h a t t h e dumping o f u n -t r e a t e d sewage i n t o a s t r e a m s h o u l d be a c c e p t a b l e , b e c a u s e o f t h e p o s s i b l e e x i s t e n c e o f w a t e r - b o r n e d i s e a s e germs s u c h a s R . J . Hammond, B e n e f i t C o s t A n a l y s i s and W a t e r - p o l -l u t i o n C o n t r o l ( S t a n f o r d , C a l i f o r n i a : Food R e s e a r c h I n s t i t u t e , S t a n f o r d U n i v e r s i t y , I 9 6 0 ) , p . 3. 42 typhoid fever, which i s extremely d i f f i c u l t to eliminate from a water supply by treatment. The evaluator becomes exten-s i v e l y involved i n estimation and speculation i n determining the r e a l value and the true costs of the tangible and i n -tangible f a c t o r s , and i n consideration of the d i r e c t and-secondary benefits. As R.J. Hammond so appropriately states ". . . defenders of the scheme must f a l l back on noneconomic j u s t i f i c a t i o n , and say that i t i s good f o r i t s own sake * • • • The U.S. federal government i s moving i n the d i r e c t i o n of j u s t i f y i n g water projects on the basis of benefits that are p a r t i c u l a r l y d i f f i c u l t to evaluate, such as uses of water f o r recreation, municipal and i n d u s t r i a l water supply. For example, as I.K. Fox and O.C. Herfindahl.indicate, "benefits attributed to recreation, water supply, and p o l l u t i o n abate-ment were 27 percent of the t o t a l benefits of flood control projects authorized i n 1962 (gross investment, $2.6 b i l l i o n ) 21 as compared with 3 percent f o r those authorized i n 1950." They go on to point out that more advanced procedures w i l l have to be developed before monetary values can be assigned Ibid., p. 59. 2 1 I . K . Fox and O.C. Herfindahl, "Attainment of E f f i c -iency i n S a t i s f y i n g Demands f o r Water Resources," American  Economic Review, May, 1964, p. 204. 43 to some of these benefits with any assurance. Their general evaluation of the benefit-cost method of analysis i s i n d i -cated by the following: Benefit-cost evaluation practices could be improved i n several respects. The change that would have the most s i g n i f i c a n t effect would be the adoption of a more r e a l i s t i c i n t e r e s t rate. (The interest rate i s i n d i -cated e a r l i e r i n the a r t i c l e as being a low 2 5/8 per-c e n t . 2 2 ) In addition, federal policy might more d i r e c t l y require evaluation of nonstructural alternatives to flood control and non-reservoir alternatives to quality improvement. I f t h i s were done and the evaluations reviewed by an independent audit unit, there would be greater assurance that proposed projects tended to maximize net b e n e f i t s . 2 3 The determination of use p r i o r i t i e s i s an essential part of water resource usage programing. It i s necessary i n order to determine the degree of cleanliness which w i l l be maintained or s t r i v e d f o r i n the water body. The preservation of the desired water quality generally involves the minimiz-ing of debasement from p o l l u t i o n . IV. SUMMARY Water i s one of the basic requirements of a l l forms of l i f e and as such the usage of the e x i s t i n g water resources must be planned i n order that i t s use may be optimized. The d i v e r s i t y of domestic usage which man has f o r water ranges from use f o r drinking and culinary purposes, bathing, washing, Ibid., p. 202. Ibid., p. 206. laundering, heating, air-conditioning, r a i s i n g gardens, lawn spri n k l i n g , to use f o r f i r e protection, and domestic sewage disposal. Industry uses water i n i t s processes, f o r cooling, for the production of water and steam power, f o r navigation, and f o r i n d u s t r i a l sewage disposal. A g r i c u l t u r a l usage includes i r r i g a t i o n and water f o r l i v e s t o c k . Water i s nec-essary f o r the propagation of f i s h and w i l d l i f e , and i s widely used, p a r t i c u l a r l y i n western s o c i e t i e s , f o r such recreational purposes as swimming and boating. This wide variety of usage creates c o n f l i c t s among the uses because an excessive use f o r one purpose may l i m i t i t s use f o r another. Increased rates of urbanization and i n d u s t r i a l devel-opment have placed a great demand on the planning of water resources. Control of water quality may be imposed by setting effluent standards which users would be compelled to meet. The solution to the problem of water quality i n the Ruhr Valley was resolved by the determination of use p r i o r -i t i e s and a l l o c a t i n g s p e c i f i c uses to s p e c i f i c streams. The objectives of society which are s t r i v e d f o r i n planning and water quality control are considered i n Chapter IV. CHAPTER IV THE PLANNING OBJECTIVES OF WATER QUALITY CONTROL The u t i l i z a t i o n of the human and physical resources which are available to man must be organized i n order that t h e i r p o t e n t i a l can be maximized. The v e r i f i c a t i o n as to whether or not the potentials of resources are being put to the best uses can be determined only by a comprehensive study of the objectives and value systems of the users of those resources. I. THE PLANNING PROCESS Planning Defined. As long as human species has been i n possession of a facu l t y f o r reasoning, man has sought to influence the course of events. Early he learned that foresight i n the exercise of t h i s power provided a means f o r achiev-ing certain predetermined objectives. When man u t i l i z e s such a means-end mechanism, he i s engaged i n "planning."1 Planning may be undertaken at d i f f e r e n t l e v e l s of government i n the performance of c i t y planning, regional planning, resource planning, or national planning. Although planning has never been defined s c i e n t i f i c a l l y to form the basis of uniformity of practice, the concepts used i n the F. Stuart Chapin, J r . , "Foundations of Urban Plan-ning," Urban L i f e and Form, Werner Z. Hirsch, editor (New York: Holt, Rinehart and Winston, Inc., 1963), p. 217. 46 d e f i n i t i o n s which, are presented here are quite comparable. Chapin has defined c i t y planning as follows: . . . c i t y planning may be regarded as a means f o r systematically a n t i c i p a t i n g and achieving adjustment i n the physical environment of a c i t y consistent with s o c i a l and economic trends and sound p r i n c i p l e s of c i v i c design . . . . It i s designed to f u l f i l l l o c a l objectives of s o c i a l , economic, and physical well-being, considering both immediate needs and those of the foreseeable f u t u r e . 2 The very general and a l l - i n c l u s i v e objectives which can be extracted from these d e f i n i t i o n s are to provide s o c i a l , economic, and physical well-being i n the present and the foreseeable future. These general objectives are either stated d i r e c t l y or implied i n a l l good d e f i n i t i o n s of planning. John Friedmann, a regional s c i e n t i s t , considers the process at a larger scale, but defines i t very s i m i l a r l y . He points out that, although a general theory of planning has not been established, there are commonly accepted elements which describe the nature of the planning process. The following quotation describes h i s concept of the planning process. Primarily a way of thinking about s o c i a l and economic problems, planning i s oriented predominantly toward the future, i s deeply concerned with the r e l a t i o n of goals to c o l l e c t i v e decisions, and s t r i v e s f o r comprehensive-ness i n policy and program.3 ^F. Stuart Chapin, Jr., Urban Land Use Planning (Urbana: University of I l l i n o i s Press, 1965), Foreword, p. v i . 3 ^ J . Friedmann, "Regional Planning as a Field of Study," Regional Development and Planning - A Reader, J. Friedmann and W. Alonso, Editors, (Cambridge: The M.I.T. Press, 1965), p. 61. 4 7 A sincere.effort toward comprehensiveness i n a plan-ning program, a concept which i s advocated i n t h i s d e f i n i -t i o n , i s required to ensure that a l l v i t a l i n t e r e s t s are considered. Davidoff and Reiner i n "A Choice Theory of Planning" r e f e r to planning as a set of procedures and define i t as "the process f o r determining appropriate future action through a sequence, of choices."^" They point out that the use of the word 'determining* implies * fi n d i n g out* and *assur-ing*. In other words, i t i s not considered s u f f i c i e n t to outline appropriate future action; the planner must be able to convince those f o r whom the planning i s being done that the proposed action i s i n fact appropriate. The use of the word *appropriate* implies that c r i t e r i a are used i n the selection between alte r n a t i v e programs of action. The selection process therefore involves the establishment of goals or general objectives f o r the planning unit. It i s explained that *action* suggests an "eventual outcome of planning e f f o r t s " which would e n t a i l the implementation of s p e c i f i c means to a t t a i n the desired ends.-* A theory of planning must, therefore, be directed to problems of ^P. Davidoff and 'i'.A. Reiner, "A Choice Theory of Planning," Journal of the American In s t i t u t e of Planners, Volume XXVIII, May, 1962, p. 103. 5 I b i d . 48 effectuation. Planning may be defined as the organization of a c t i v i -ties, and action programs, with s p e c i f i c objectives i n mind, from a comprehensive viewpoint, to enhance the p o s s i b i l i t y of r e a l i z i n g desired goals. The process provides protection against uncoordinated e f f o r t s . Planning i s a specialized science dealing with the economic, s o c i a l , and physical aspects of a planning unit, with p a r t i c u l a r concern f o r the effects of the environment on i t s inhabitants. Although the planner may not have the spec-i a l i z e d s k i l l s of an economist, a p o l i t i c a l s c i e n t i s t , or a s o c i o l o g i s t , he must be able to recognize the potential contribution of these professions i n f a c i l i t a t i n g the planning process. The planning process becomes the planner's means and s p a t i a l organization his ends i n the attainment of speci-f i e d objectives. Chapin points out that there are differences as well as s i m i l a r i t i e s between planning and the other f i e l d s mentioned. Three of the d i f f e r e n t i a t i n g features are: 1. i t s m u l t i d i s c i p l i n a r y t i e s , 2. i t s innovational bias, and 3. i t s j o i n t i d e n t i f i c a t i o n with the sciences and the a r t s . 6 These features are necessary to maintain comprehensiveness i n planning. Chapin, "Foundations of Urban Planning," op_. c i t . , pp. 218-223. 49 The Planning Process* Planning, which may be very broadly defined as systematization, can function adequately only within an organized administrative framework. This organized framework, which i s referred to as the planning process, consists of the performance of a l o g i c a l series of operations i n the development and implementation of a plan. In the development of a plan i t i s essential to become knowledgeable about the goals or objectives of the society f o r which the planning i s being done. Another basic require-ment i s a knowledge of the existing s o c i a l , economic, and physical conditions within the planning area. These factors can be determined through a well-executed program of research. Chapin refers to t h i s part of the process as the "goal speci-f i c a t i o n stage." This component of the planning process i s somewhat s i m i l a r l y t i t l e d "value formulation" by Davidoff and 8 Reiner. Within t h i s component the planner w i l l f i n d himself dealing with facts as well as values, which, as Davidoff and Reiner point out, are closely related. The association i s demonstrated by the following statements made by these authors: 1. Factual statements and t h e i r analysis i n v a r i a b l y r e f l e c t the values of t h e i r markets; . . . . Ibid., p. 224. Davidoff and Reiner, OJD. c i t . , p. 106. 2 . Our personal experiences show that our values are colored by our understanding of facts. 3. We can make factual statements about values: . . . . Conversely, one can make value assertions about facts, . • . The planner must deal with both facts and values in his assessment of the present situation and purely with values in planning the environment for the future. With a basic realization that the ultimate intention i s the accomplishment of specified ends, the data which are collected must be analyzed in the light of alternative means of attaining these ends. Also inherent in the analysis of collected data is the establishment, through probability analysis, of the most desirable of value-oriented objectives. The investigation w i l l inevitably include an analysis of existing social, economic, and physical conditions. Obser-vations and/or conclusions of analysis should acquaint the planner with existing conditions within the planning area and should be an indicator of the wants, needs, and aspirations of the society comprised within that area. The identification and measurement of existing con-ditions in the area, and a depiction of the wants, needs, and aspirations of the people i s inadequate for the formation of the basis of a planning program. This wealth of information must be synthesized to arrive at the design of systems for 9 I b i d . , p. 107 51 the s a t i s f a c t i o n of the selected goals and objectives. These three constituents of the planning process, namely analysis, synthesis, and design, are un i f i e d under the heading of "means i d e n t i f i c a t i o n " by Davidoff and R e i n e r . T h e y describe t h i s as the conversion of ends into means. The con-version involves the i d e n t i f i c a t i o n of a l l possible a l t e r -natives to determine which means best s a t i s f y the selected objectives. The r e l a t i v e t i t l e as ascribed by Chapin f o r 11 t h i s component of the process i s the "decision-making stage." Chapin describes t h i s part as "the stage i n which alternative courses of action f o r the f u l f i l l m e n t of goals are considered and evaluated, and a sel e c t i o n i s made." He goes on to indicate that t h i s stage o f : t h e planning process involves: 1. consideration of a l l action alternatives within the framework of conditions that p r e v a i l and goals sought; 2. evaluation of the consequences following from the pursuit of each action a l t e r n a t i v e , including the change of conditions predicted and the extent of goal achievement anticipated; and 3. selection of the alternative that i n the l i g h t of consequences and i n consideration of goals i s the most preferable course of action. 1 0 I b i d . , p. 111. "^Chapin, "Foundations of Urban Planning," op_. c i t . , p. 224. 1 2 I b i d . , p. 229. 1 3 I b i d . , p. 230. 52 Having made the necessary decisions based on a sel e c t i o n from available alternatives and completing the design, that design must be implemented before goals and objectives can be r e a l i z e d . Since i n i t i a l implementation may not produce the desired r e s u l t s , as may be the case where f a l s e assumptions have been made, a feedback and revaluation stage becomes necessary. Chapin refers to t h i s component of the continuing process as "the post-decision making stages consisting of. what we have termed the execution, evaluation, and reorientation stages of planning."*^ These l a t t e r stages of the planning process, namely implementation, evaluation, and feedback, are c o l l e c t i v e l y discussed under the heading of "effectuation" by Davidoff and 15 Reiner. J They define t h i s as the step i n which the planner u t i l i z e s previously selected means i n the attainment of goals adopted i n the f i r s t stage. They present the question as to whether concern with effectuation of po l i c y belongs i n a theory of planning or whether planning should terminate with the i d e n t i f i c a t i o n of means leaving the administrators to carry out the programs. Contemporary administrative thought favours integration of policy and administration. Davidoff and Reiner pose f o r the planner "the role of an overseer, one 1 Z | T b i d . , p. 232. 15 Davidoff and Reiner, op_. c i t . , p. 113. 53 who aids policy makers by observing the d i r e c t i o n programs are given and by suggesting means f o r re d i r e c t i n g these toward, t h e i r intended goals. This procedure, f o r the performance of a planning task, i s a continuing process i n the development of the planning area. The steps of t h i s process may be summarized as follows: 1. Goal formulation, 2. Research and analysis, 3. Synthesis or programming, 4. Design, 5. Implementation, 6. Evaluation, and 7. Feedback. Planning Purposes. Davidoff and Reiner break down the ultimate objectives of the planning operation into three classes, namely e f f i c i e n c y and r a t i o n a l action, market aid or replacement, and change or widening of choice. Planning, because of i t s comprehensive nature, ensures an e f f i c i e n t a l l o c a t i o n of resources. Rationality, too, may be said to be the r e s u l t of the comprehensiveness of the planning process. As described by Davidoff and Reiner, e f f i c i e n c y and r a t i o n a l -i t y are essential c h a r a c t e r i s t i c s of planning i n the selection Ibid., pp. 105-106 54 of the best of a l l alternatives considered. Although the concept of a perfect market does not exi s t , the planner should consider the perfect a l l o c a t i o n of goods and services, which would resu l t from such a market system, i n his evaluation of goals. Where an imperfect market system-is accepted as a basic premise f o r planning, the planner's task, as indicated by these authors, may be to devise an appropriate system of p r i c i n g and d i s t r i b u t i o n . Where change i s desired, the planning process has come to be recognized as the t o o l , within a democratic soc-i e t y , which can be used most e f f i c i e n t l y to effectuate that change. It i s the planner's role to u t i l i z e the planning process to determine and describe the range of choices which are available and to suggest the implications of these choices. This information i s v i t a l to the decision-maker. Planning Objectives. The broad goals of planning, as stated i n the previously documented d e f i n i t i o n s , are to at t a i n s o c i a l , economic, and physical well-being f o r the residents of the planning area. These goals may be refined to a variety of very s p e c i f i c objectives to s a t i s f y p a r t i c u -l a r needs and desires. These objectives w i l l vary consider-ably from time to time and from place to place due to' changing circumstances. A short term objective may be fun c t i o n a l l y quite d i f f e r e n t from a long term objective. The objectives of a metropolitan area would be of a d i f f e r e n t 55 scale from those of a region of which the metropolitan area i s just a part. Dahl and Lindblom define the "important prime goals of human beings i n Western s o c i e t i e s " as follows: . . . existence or s u r v i v a l , physiological g r a t i f i -cations (through food, sex, sleep, and comfort), love and a f f e c t i o n , respect, self-respect, power or control, s k i l l , enlightenment, prestige, aesthetic s a t i s f a c t i o n , excitement, novelty, and many others. . . . seven instrumental goals are freedom, r a t i o n -a l i t y , democracy, subjective equality, security, pro-gress, and appropriate inclusion.17 These goals may be considered to be very basic and general but they constitute the framework f o r the goals of society. The planner must begin with these goals. These objectives have been consolidated by the San Fransisco Planning Agency i n t h e i r Master Plan and condensed as follows by J . Delafons: 1. Improvement of the c i t y as a place f o r l i v i n g , by aiding i n making i t more h e a l t h f u l , safe, pleasant, and s a t i s f y i n g , . . . and by providing adequate open spaces and appropriate community f a c i l i t i e s . 2. Improvement of the c i t y as a place f o r commerce and industry by making i t more e f f i c i e n t , orderly, and s a t i s f a c t o r y f o r the production, exchange and d i s t r i b u t i o n of goods and services, . . . . 3. Organization of the two p r i n c i p a l functional parts of the c i t y - the working areas and the community areas - . . . and so that the economic, s o c i a l and c u l t u r a l development of the c i t y may be furthered. R.A. Dahl and C.E. Lindblom, P o l i t i c s , Economics, and Welfare (New York: Harper and Row Publishers, 1953), p. 28 56 4. Protection, preservation, and enhancement of the economic, s o c i a l , c u l t u r a l and esthetic values that establish the desirable quality and unique character of the c i t y . 1 8 These goals and objectives are applicable at the regional l e v e l as well as at the community l e v e l with the difference being only i n scale. Since a region i s generally a much lar g e r unit than even a metropolitan area, and i n fact may even include metropolitan areas, the treatment of goals at the regional l e v e l i s usually on a broader and more gener-a l basis. The ultimate goals i n any case are the attainment of s o c i a l , economic, and physical well-being. I I . WATER QUALITY CONTROL The Objectives of Water Quality Control. In the development of programs u t i l i z i n g water resources i t i s ess e n t i a l that the regional planner consider the ultimate goals of society. One of the main factors which can defeat the planning purposes i n a regional water resource program i s the presence of water p o l l u t i o n . This i s not to suggest that there should be an attempt to eliminate water p o l l u t i o n completely because that i s not p r a c t i c a l or even t h e o r e t i c a l l y possible. It i s , however, es s e n t i a l that i t be controlled i n J. Delafons, Land-Use Controls i n the United States (Cambridge: Joint Centre f o r Urban Studies of the Massachus-ettes In s t i t u t e of Technology and Harvard University, 1962), Appendix p. i . 57 order that the goals and objectives of society, which must be employed i n the establishment of a water quality management program, can be attained. The following r e i t e r a t i o n of water uses as quoted from Thomas R. Camp, i n Chapter I I , w i l l e s t a b l i s h a framework within which s p e c i f i c objectives can be discussed: Man uses water not only f o r drinking and culinary purposes but also f o r bathing, washing, laundering, heating and air-conditioning, f o r agricul t u r e , stock, r a i s i n g gardens, f o r i n d u s t r i a l processes and cooling, f o r water power and steam power, f o r f i r e protection, f o r disposal of wastes, f o r swimming, boating and other recreational purposes, f o r f i s h and w i l d l i f e propagation, and f o r navigation.19 A review of the m u l t i p l i c i t y of uses presented w i l l re-empha-size the c o n f l i c t i n g uses which occur, and accentuate the problems which exist f o r the agency i n charge of determining the goals and objectives of the society to be planned f o r . When the usage of the water d i r e c t l y or i n d i r e c t l y involves domestic consumption such as i n drinking, culinary usage, bathing, swimming, boating and other recreational purposes, the prime goal i s to have water which w i l l not endanger the public health. Dr. C.J.G. MacKenzie of the Department of Preventive Medicine at the University of B r i t -i s h Columbia points out that "the most dreaded threats to health presented by water have been the water-borne Thomas R. Camp, Water and Its Impurities (New York: Reinhold Publishing Corporation, 1963), p. 1. 53 20 diseases." The most serious of these have been cholera and typhoid fever; there are as many as a dozen others. He i n d i -cates that water might also a f f e c t the health of the people because of the presence of dissolved chemicals or constituents. The health of people may also be affected by the lack of certain constituents such as iodine and f l u o r i d e . Objectives i n t h i s category of usage are that the water should exist i n s u f f i c i e n t quantities and should not be objectionable to the senses of taste or smell, nor should i t be discoloured. It 21 should present, as Graine puts i t , " l i v i n g amenities", by which he implies that i t should provide a pleasant and a t t r a c t i v e view. In order that water can sustain f i s h and w i l d l i f e , i t must be r e l a t i v e l y free of p o l l u t i o n . The presence of toxic compounds i n the water i s harmful to the gill-system of f i s h and may result i n destruction of the f i s h and w i l d l i f e popu-l a t i o n . The existence of a high concentration of compounds which result i n depletion of the oxygen content of water can also destroy f i s h l i f e . These factors have both economic and Dr. C.J.G. MacKenzie, " P o l l u t i o n Problems i n B r i t i s h Columbia and the People's Health" 1965 Conference on Water  Pol l u t i o n Proceedings (University of B r i t i s h Columbia, Department of University Extension, February, 1966), p. 27. 21 L.E. Craine, "Water Management and Urban Planning," American Journal of Public Health, Vol. 51, No. 3, March, 1961, p. 429. 59 s o c i a l ramifications. The major economic f a c t o r could be that the f i s h i n g industry, which constitutes the economic base of certain areas, may be destroyed. The s o c i a l r a m i f i -cation w i l l be that recreation a c t i v i t i e s i n the form of f i s h i n g and hunting w i l l be reduced. The objectives i n t h i s application of the usage of water would be to have s u f f i c i e n t quantity of adequate quality to enhance the l i f e of f i s h and w i l d l i f e i n the inter e s t of improved economic and s o c i a l conditions. A large quantity of comparatively clean water i s required i n the production of hydro-power. In the production of steam power the qualit y , p a r t i c u l a r l y i n respect to s a l t content, must be very high. The s a l t content must be le s s than one part per m i l l i o n . Since a considerable amount of power i s required i n i n d u s t r i a l operations, i n operating our t r o l l e y buses and i n l i g h t i n g our homes, i t should be an objective to manage the quality of water resources to enhance the economic and s o c i a l status of man. The p o l l u t i o n of water generally originates from i t s users. These users consider that the use of water as a c a r r i e r and digester of t h e i r domestic and i n d u s t r i a l wastes i s a legitimate use. In the opinion of the writer t h i s use i s r i g h t l y considered a legitimate one as long as i t does not unreasonably i n t e r f e r e with other b e n e f i c i a l uses. Unjusti-f i a b l e interference exists when water f o r the highest p r i o r i t y use, namely domestic consumption, i s rendered undrinkable. 60 Domestic wastes, when disposed of i n large quantities i n a body of water where the d i l u t i o n factor i s too low, deplete the oxygen content of the water which may r e s u l t i n the . formation of ammonia, carbon dioxide, and methane or marsh gas. The shortage of oxygen and the gaseous formations w i l l tend to k i l l f i s h or drive them away. Fish l i f e may also be destroyed by the discharge of highly toxic effluents by industry. The use of water f o r i r r i g a t i o n purposes often r e s u l t s i n toxic p o l l u t i o n because spray pesticides f i n d t h e i r way into the channels and eventually back to a main water course. S i m i l a r l y the use of water f o r navigational purposes may r e s u l t i n p o l l u t i o n from o i l losses or discharges. This results i n a f i l m of o i l spreading over the water surface and preventing the replenishment of the needed oxygen, as well as creating an undesirable appearance. It i s evident that a l l of these uses are b e n e f i c i a l , but since they are also c o n f l i c t i n g , management of the water resources at the regional l e v e l of government i s of the utmost importance. The management program may consist of an attempt to arrive at an equitable use f o r a l l users concerned. This may be accomplished by assigning costs to a l l a c t i v i t i e s related to waste disposal with the intention of designing a program of p o l l u t i o n control to minimize these costs. Kneese points out that one of the d i f f i c u l t i e s i n designing and operating such a system i s that " c e r t a i n values diminished or 61 destroyed by water p o l l u t i o n are exceedingly d i f f i c u l t to measure. Prominent among these are the value of aesthetic 22 and recreational amenities." Stephen A. Marglin, i n a general statement of object-ives of water-resource development said: "The prime objective of public water-resource development i s often stated as the 23 maximization of national welfare." J Accepting t h i s state-ment and recognizing the rel a t i o n s h i p between water qua l i t y management and water resource development, the prime objective of water quality management may also be stated as the maxi-mization of national welfare. . . . planning, i f i t i s to f u l f i l l i t s r o l e , must be prepared to express and document . . . water service needs and p r i o r i t i e s i n terms of long-range goals. Water managers, i f they are to perform with the v i s i o n our times demand of them, must pa r t i c i p a t e i n the planning process and be guided by the planning product i n s e l e c t -ing the mixture of multiple services which the r i v e r can render.24 A.V. Kneese, "Water Quality Management by Regional Authorities i n the Ruhr Area With Special Emphasis on the Role of Cost Assessment," Papers and Proceedings of the  Regional Science Association, Vol. I I , 1963, p. 233. 23 Arthur Maass et a l . , Design of Water-Resource Systems (Cambridge: Harvard University Press, 1962), p. 17. 24 Craine, op_. c i t . , pp. 429-430. I I I . SUMMARY 62 Regional planning may be an e f f e c t i v e means by. which the problems r e s u l t i n g from water p o l l u t i o n to the public health, industry, and recreation can be controlled. Ideally the application of the regional or community planning process, depending upon the scale of the operation, i n a comprehensive manner w i l l enable the determination of a complete range of s o c i e t a l objectives, w i l l lead to the analysis of e x i s t i n g conditions i n the l i g h t of these object-iv e s , and w i l l permit the selection of the most desirable program f o r the attainment of the desired ends. The ultimate goals or objectives of the public sector of society, as determined by a planning study, and as applied to water quality management, are the attainment of s o c i a l , economic and physical well-being f o r that sector of society which i s being planned f o r . As has been documented, these are also the general goals, as expressed by public i n t e r e s t , of society. CHAPTER V THE MEANS OF ACHIEVING WATER QUALITY CONTROL: A CASE STUDY OF THE PROVINCE OF BRITISH COLUMBIA An extremely elaborate administrative framework f o r the control of water p o l l u t i o n has developed i n the Province of B r i t i s h Columbia since i t s establishment as a Colony. This elaborate framework, i n many cases, re s u l t s i n overlaps of j u r i s d i c t i o n among the agencies which have the power to control water p o l l u t i o n . This overlap may resu l t i n i n a c t i v i -ty i n the imposition of control by these agencies which may unduly r e l y on each other to exercise t h e i r powers. . I. OBJECTIVES OF THE CASE STUDY The objective of the Case Study i s to tes t the Study Hypothesis of t h i s t h e s i s , which i s that: Adverse physical conditions r e s u l t i n g from water p o l l u t i o n , which impede s a t i s f a c t o r y urban development, can be minimized by implementation of appropriate l e g i s l a t i o n and policy at the regional l e v e l . This i s accomplished by reviewing the h i s t o r i c a l development of water quality control i n B r i t i s h Columbia to establish the sources of exi s t i n g l e g i s l a t i o n which are applicable, i n t h i s regard, today. A review of the water p o l l u t i o n problems which exist i n B r i t i s h Columbia provides an in d i c a t i o n of the r e l a t i v e effectiveness of exis t i n g l e g i s l a t i o n and policy f o r the control of water po l l u t i o n i n the Province. 64 A detailed analysis of the l e g i s l a t i o n and p o l i c y f o r the control of water quality, applicable i n B r i t i s h Columbia, reveals d e f i c i e n c i e s i n the l e g a l , administrative, and f i n a n c i a l aspects of that l e g i s l a t i o n . An analysis of these de f i c i e n c i e s enables the writer to make recommendations to achieve a more e f f e c t i v e means of c o n t r o l l i n g water q u a l i t y . As E.P. Partridge quoted from a primary source at an "Edgar Marburg Lecture," i n 1957: The most d i f f i c u l t problem of water resources develop-ment i s the balancing of the i n t e r e s t s , demands, and r e s p o n s i b i l i t i e s of i n d i v i d u a l s , l o c a l groups, states, and the Federal Government.! It i s t h i s balance which the writer seeks to create by the recommended l e g i s l a t i v e , administrative, and f i n a n c i a l framework through which water quality may be more e f f e c t i v e l y controlled than i s currently the case i n B r i t i s h Columbia. E.P. Partridge, Your Most Important Raw Material (Philadelphia: The American Society f o r Testing Materials, 1957), p. 11. I I . HISTORICAL DEVELOPMENT OF WATER QUALITY CONTROL IN BRITISH COLUMBIA2 ' Regulations f o r the control of water p o l l u t i o n i n the Province of B r i t i s h Columbia date back to long before the area became a Colony. In B r i t i s h Columbia i t i s on record that among the Haida Indians the penalty f o r p o l l u t i n g a stream was death. At the time of English occupation of the land, the English Common Law as i t applied to the ri g h t s r e l a t i n g to the use of water, sometimes known as the law of ri p a r i a n r i g h t s , was the law i n force i n the Colony. H. Alan MacLean, Q.C., relates that: Under the r i p a r i a n law, every owner of r e a l property bordering a stream has as an incident to his property i n the r i p a r i a n land, a proprietary right to have the water flow to him i n i t s natural state i n flow, quantity and quality, neither increased nor diminished, whether he has made use of i t or not. He i s e n t i t l e d to make certain uses of the water while i t i s on h i s property.4 ^See M.J. Shelley, "A C r i t i c a l Analysis Of The Water Le g i s l a t i o n Of B r i t i s h Columbia" (unpublished Master's Thesis, i n Business Administration, The University of B r i t i s h Columbia, Vancouver, 1957), Chapter IX, pp. 83-94. The basic organization of Shelley's Chapter IX was adopted f o r t h i s study. ^P.R. P u r c e l l , "Progress and P o l l u t i o n , " Transactions of the Sixth B r i t i s h Columbia Natural Resources Conference ( V i c t o r i a : The B r i t i s h Columbia Natural Resources Conference, 1953), P. 163. ^H. Alan MacLean, Q.C, " H i s t o r i c a l Development of Water L e g i s l a t i o n i n B r i t i s h Columbia," Transactions of the  Eighth B r i t i s h Columbia Natural Resources Conference ( V i c t o r i a : The B r i t i s h Columbia Natural Resources Conference, 1953), p. 243. 66 Within the year following the formal establishment of the Colony of B r i t i s h Columbia, regulations were being made providing f o r the orderly appropriation of water. These regulations p a r t i a l l y replaced the law of r i p a r i a n rights but no provisions were set out f o r the control of water qua l i t y . In 1869 the f i r s t l e g i s l a t i o n respecting Public Health i n the Colony of B r i t i s h Columbia was enacted. I t was e n t i t l e d "An Ordinance f o r Promoting the Public Health i n the 5 Colony of B r i t i s h Columbia." Through the l e g i s l a t u r e , t h i s Ordinance became "An Act f o r Promoting the Public Health" or the "Health Act." The powers bestowed upon the Lieutenant Governor i n Council are outlined i n the following quotations from the Act. 2. It s h a l l be lawful f o r the Lieutenant Governor i n Council, by any order duly made and passed, from time to time, and at any time, to mark out, define, and vary .certain portions of the Province to be Health D i s t r i c t s , and to make and a l t e r such r u l e s , regulations, and by-laws as such Lieutenant Gover-nor i n Council may deem expedient, i n respect to the-following matters, that i s to say:-(b.) The duties and j u r i s d i c t i o n s of the l o c a l Boards of Health, i n a l l matters whatsoever i n anywise r e l a t i n g to . . . epidemic, endemic, or contagious diseases or disorders, and f o r the sum-mary abatement of any nuisance or . i n j u r y to public health l i k e l y to a r i s e therefrom:" ^Health Ordinance, 1869, B.C. Ordinances 1868-1869. 6 . Health Act, Statutes of B r i t i s h Columbia, Consoli-dated Acts, 1888, Chapter 55. 67 The penalty, which may be imposed on anyone who wilfully obstructs any Health Officer or in any way commits any breach of any provision of the Act, shall consist of a fine not exceeding one hundred dollars for the f i r s t offence and not exceeding two hundred dollars for the second offence.? Although these penalties are not comparable to those imposed by the Haida Indians they were quite substantial for that period of time. 8 The "Sanitary Regulations, 1892" were established following threatened invasion of infectious and contagious diseases. The regulations provide means to enforce the enacted sanitary laws. These regulations were applicable to a l l areas within the Province with the exception of City Municipalities. Under these regulations i t became mandatory for a l l wells which were in use to be cleaned out on or before the 15th of March and October of each year. Further,. i t was established that no Tprivy-vault, cesspool, or reser-voir 1 into which a Tprivy, water-closet, stable, or sink* was drained could be constructed without prior approval of a duly qualified doctor. These and other related measures were enforceable by the Board of Health under the threat of a Ibid., Section 8. 8 Sanitary Regulations, 1892, Sessional Papers of the Province of British Columbia, 1893, pp. 265-268. 68 penalty not to exceed one hundred d o l l a r s f o r an offence.^ The "Health Act, 1893" i n s t i t u t e d the " P r o v i n c i a l Board of Health," which was to consist of not more than f i v e members, one of whom was to be the Secretary of the Board. The duties of the Board were to: 9... . . take cognizance of the in t e r e s t s of health and l i f e among people of the Province; . . . they s h a l l make sanitary investigations and i n q u i r i e s respecting causes of disease, and especially of epidemics; . . . they s h a l l make such suggestions as to the prevention and interception of contagious and i n f e c t i o u s diseases, . 12. . . ..Provincial Board of Health may . . . issue such regulations as the Board deems necessary f o r the prevention, treatment, mitigation and suppres-sion of disease . . . . This Act gave the Board the r e s p o n s i b i l i t y of inspecting and approving any plans r e l a t i n g to proposed public water sup-p l i e s or sewerage systems. 1 1 The Board was also given the right to force municipal councils to appoint a Medical Health O f f i c e r . 1 2 The "Health Act, 1893," was very elaborate and comprehensive and hence has been adopted as the basis of B r i t i s h Columbia's present Health Act. Ibid., Section 3(8). 1 Q H e a l t h Act, 1893, Statutes of B r i t i s h Columbia, 1893, Chapter 15. 1 1 I b i d . , Section 27. 12 Ibid;, Section 28. 69 In 1896 the "Sanitary Regulations, 1892," were re-pealed by the "Sanitary Regulations, 1896"1-3 upon recommend-ation by the Pr o v i n c i a l Board of Health. Through the pro-visions of the "Health Act" and the "Health Act, 1893" the administrative d e t a i l s of the Local Boards of Health, the Health O f f i c e r s , and the Sanitary Inspectors were s p e c i f i e d . These regulations were i n force i n a l l parts of B r i t i s h Columbia, except i n City M u n i c i p a l i t i e s , under the Local Board of Health. Clauses 4 to 8 and 41 to 51, a l l i n c l u s i v e , ..were applicable with the imposition of further control being l e f t to the d i s c r e t i o n of the Pr o v i n c i a l Board of Health. Since City M u n i c i p a l i t i e s had a Local Board of Health, a Medical O f f i c e r and a Sanitary Inspector to impose the necessary control the general clauses of the 'Regulations* were not necessarily applicable. The f i r s t l e g i s l a t i o n i n B r i t i s h Columbia s p e c i f i c a l l y designated f o r the control of p o l l u t i o n of streams was defined under these regulations. This l e g i s l a t i o n stated that: 45. No s o l i d refuse or waste matter of any kind s h a l l be deposited i n any stream so as to obstruct i t s flow, or put into any stream or lake so as to po l -l u t e i t s waters, and no s o l i d or l i q u i d sewage matter from either public or private sewers s h a l l be discharged into any stream or lake, but i f i t can be proved that the best means have been adopted to purify the sewage, etc., before i t enters the stream or lake, no offence i s committed, that i s Sanitary Regulations, 1896, Sessional Papers of the Province of B r i t i s h Columbia, 18"9&7 PP« 1221-1233. unless the Local Board has notified the offending parties that the means adopted are insufficient; nor shall any poisonous, noxious, or polluting liquid proceeding from any other source be passed into any stream or lake unless the best means have been f i r s t adopted to purify the same.14 Upon approval of the Provincial Board of Health or Medical Health Officer, sewage may be discharged in the sea. The provision for dumping of other material i s outlined in the following quotation. 1+6. Any kind of waste material may be taken to sea and dumped not less than one mile from shore, and at such time and place that i t w i l l be carried out by the tide.15 Violation of any provisions of these regulations was punishable by a fine of one hundred dollars for each offence, with or without costs, or by imprisonment, with or without hard labour, for a term not exceeding six months, or by both fine and imprisonment, in the discretion of the convicting Court. 1 6 In 1904 "An Act Respecting Sanitary Drainage Compan-ies" 1'' 7 was passed providing the Provincial Board of Health 14 Ibid., Section 45. 15 Ibid., Section 46. 16 Ibid., Section 49. 17 Sanitary Drainage Companies Act, 1904, Statutes of British Columbia, February 10, 1904, Chapter 16. with the power to control the construction of sewerage sys-tems as developed by sanitary drainage companies, by making Board of Health approval of such systems mandatory. An attempt to control stream p o l l u t i o n i n d i s t r i c t municipalities was made by the enactment of the "Sewerage 18 Act, 1910." Under t h i s Act, the Lieutenant Governor i n Council was given the authority to establish Sewerage D i s t -r i c t s upon p e t i t i o n from a representative number of property owners i n the d i s t r i c t . The Act enabled Commissioners of the D i s t r i c t to i n s i s t upon proper plumbing and sewer connections This l e g i s l a t i o n , enabling the establishment of Sewerage D i s t r i c t s , led to the enactment of l e g i s l a t i o n i n 19 1914 through which the Vancouver and D i s t r i c t s Joint Sewer-age and Drainage Board was established. This Act provided the Board with Powers to construct, maintain, and operate sewers and drains within and without the sewerage d i s t r i c t . By t h i s provision, control of water p o l l u t i o n by sanitary sewage could be exercised within the immediate confines of the D i s t r i c t ; the D i s t r i c t was dependent upon the control imposed by the "Sanitary Regulations, 1896" f o r the preven-t i o n of p o l l u t i o n of t h e i r waters from sources outside the Sewerage Act, 1910, Statutes of B r i t i s h Columbia, March 10, 1910, Chapter 43. 19 Vancouver and D i s t r i c t s Joint Sewerage and Drainage Act, Statutes of B r i t i s h Columbia, March, 1914, Chapter 79. District. In 1915 the "Health Act Amendment Act, 1915" 2 0 was enacted. The Provincial Board of Health obtained the power to control the quality of water in any water system by forcing any municipality, any person or corporate body to rectify any situation which created a menace to the public health. The regulation imposed to control the disposal of sewage was that: 25. No common sewer or system of sewerage shall be established or continued unless there i s maintained in connection therewith a system of sewage p u r i f i -cation and disposal which removes and avoids any menace to the public health . . . .21 22 The "Water Act, 1948"" , which has undergone many revisions since the original "Water Act, 1909," enables the control of water pollution by providing the Comptroller of Water Rights with the power to issue a stop order to a water licensee where the licensee i s responsible for pollution which i s detrimental to the use of the water by other licen-sees, or where i t i s detrimental to the public interest. 2-^ 20 Health Act Amendment Act, 1915, Statutes of British Columbia, 1915, Chapter 30. Ibid. 22 Water Act, 1943, Statutes of British Columbia, 1943, Chapter 3oTT 23 R. Bowering, "Pollution Control In British Columbia Today," Sixth B.C. Natural Resources Conference Proceedings (Victoria: The British Columbia- Natural Resources Conference, 1953), p. 188. 73 The "Greater Vancouver Water D i s t r i c t Act, 1924," 2 i f has expanded i t s membership from three small areas i n 1924 to i t s present membership of the City of Vancouver, the D i s t r i c t of Burnaby, the City of New Westminster, the D i s t r i c t of North Vancouver, the Township of Richmond, the D i s t r i c t of West Vancouver, the D i s t r i c t of P i t t Meadows, the D i s t r i c t of Maple Ridge, the D i s t r i c t of Coquitlam, the City of Port Coquitlam, the City of Port Moody, the D i s t r i c t of Fraser M i l l s , the D i s t r i c t of Surrey, and the D i s t r i c t of Delta. The desired membership i s one which includes a l l the munici-p a l i t i e s within the Greater Vancouver area. (See Map 1, page 73A.) The section through which water quality i s controlled states that: 88. I f any person s h a l l bathe the person, or wash or cleanse any cloth, wool, leather, skin of animals, or place any nuisance or offensive thing within or near the source of supply of such waterworks i n any lake, r i v e r , pond source or fountain, or reservoir from which the water of said waterworks i s obtained, or s h a l l convey or cast, cause or throw, or put f i l t h , d i r t , dead carcasses, or other offensive or objectionable, i n j u r i o u s , or deleterious thing or things therein, or within the distance therefrom as above set out, or cause, permit, or suffer the water of any sink, sewer, or drain to run or be conveyed into the same or into any part of the sys-tem, or cause any other thing to be done whereby the water therein may be i n anywise tainted or fouled or become contaminated, he s h a l l be l i a b l e , on summary conviction, to a f i n e not exceeding f i f t y d o l l a r s , or to imprisonment f o r a period not Greater Vancouver Water D i s t r i c t Act, 1924, Statutes of B r i t i s h Columbia, 1924, Chapter 22. exceeding t h i r t y days, with or without hard labour, or to both f i n e and imprisonment . 2 5 This l e g i s l a t i o n provides a very comprehensive means of con-t r o l within the area of j u r i s d i c t i o n of the Act. This area i s dependent upon other l e g i s l a t i o n f o r the control of p o l -l u t i o n of water, which may flow from outside the area into water bodies within the area. One of the agencies which imposes such control i s the P r o v i n c i a l Department of Health. The "Vancouver and D i s t r i c t s Joint Sewerage and Drain-age Act" was amended several times, with l i t t l e change i n l e g i s l a t i o n concerning water p o l l u t i o n , from i t s enactment i n 1914 to 1956 when i t was repealed by the "Greater Vancouver 2 ft Sewerage and Drainage D i s t r i c t Act." This Act provides an i n d i r e c t control of water p o l l u t i o n by enabling the Corpor-ation to expropriate any land within or outside i t s area f o r the purpose of the construction and operation of sewerage and drainage f a c i l i t i e s . Membership i n the Sewerage and Drainage D i s t r i c t , at the time of incorporation, consisted of only the City of Vancouver, the D i s t r i c t of Burnaby, and the University Endow-ment Lands. The membership has since increased to include the D i s t r i c t of West Vancouver, the City and D i s t r i c t of 25 ^Ibid., Section 88. 2^Greater Vancouver Sewerage and Drainage D i s t r i c t Act, 1956, Statutes of B r i t i s h Columbia, 1956, Chapter 59. North Vancouver, the D i s t r i c t of Coquitlam, the City of Port Moody, the Township of Richmond, and the D i s t r i c t of Surrey. As i n the case of the Greater Vancouver Water D i s t r i c t , mem-bership of a l l municipalities within the area would enable optimum water-pollution control i n that area. The most recent l e g i s l a t i o n i n an attempt to control p o l l u t i o n of land as well as water, i n the Province of B r i t i s h Columbia, i s the "Pollution-control Act, 1956." 2 ? From the Pollution-control Board's formation i n 1956 u n t i l 1961, the area of i t s j u r i s d i c t i o n was confined to the Lower Fraser Valley downstream of Hope, including a l l of the Greater Vancouver and Boundary Bay areas. In 1961, the t e r r i t o r i a l area under the authority of the Board was extended to include a l l of the Columbia River drainage basin which l i e s within the Province of B r i t i s h Columbia. E f f e c t -ive January 1, 1963, the j u r i s d i c t i o n of the Board was en-larged to include the entire Fraser River basin and most of the populated area of the East Coast of Vancouver Island. (See Map 2, page 75A). The s p e c i f i c l e g i s l a t i o n by which water-pollution control i s imposed through t h i s Act i s dealt with i n d e t a i l i n a l a t e r section of t h i s chapter. Other l e g i s l a t i o n which has been d i r e c t l y or i n d i r e c t l y 2 7 P o l l u t i o n - c o n t r o l Act, 1956, Statutes of B r i t i s h Columbia, 1956, Chapter 36. The consolidation of t h i s Act and related Regulations, amended to 1965, are reproduced i n Appendix I. JURISDICTION OP THE POLLUTION CONTROL BOARD 75A MAP 2 76 instrumental i n the control of some aspects of water p o l l u t i o n include the "Federal Fisheries Act" which originated i n the l a t t e r quarter of the nineteenth century and i s e f f e c t i v e today, the "Migratory Birds Regulations Act," the National Harbours Board Bylaws, the "Navigable Waters Protection Act," the "Canada Shipping Act," the "National Housing Act - 1954, as Amended to 1960-61" and the "Municipal Act of the Province 28 of B r i t i s h Columbia." These statutes are considered i n d e t a i l as they apply today, i n a l a t e r section of t h i s chapter. Despite t h i s vast range of means available to control water p o l l u t i o n , many problems s t i l l exist i n B r i t i s h Columbia today. I I I . THE WATER QUALITY CONTROL PROBLEM IN B.C. Most people i n the Province of B r i t i s h Columbia are of the opinion, i f they have an opinion, that there i s no water p o l l u t i o n problem i n t h i s province. In an e f f o r t to v e r i f y t h i s opinion or prove i t f a l s e , Mr. T.A. Myers, Medical Reporter f o r the Vancouver Sun Daily Newspaper, conducted a mailed questionnaire survey i n A p r i l , 1965, of every munici-p a l i t y i n the Province. Of the 132 municipalities contacted, 93, or seventy percent, r e p l i e d . Seventeen percent of the R. Bowering, op_. c i t . , p. 184. 77 m u n i c i p a l i t i e s which r e p l i e d indicated that they f e e l they have a water p o l l u t i o n problem. Thirty-one percent of the respondents who indicate that they have a water p o l l u t i o n problem reported that the problem i s created by both indust-r i a l and domestic wastes, t h i r t y - e i g h t percent a t t r i b u t e the problem to i n d u s t r i a l effluents alone, and the remaining thirty-one percent indicate that the problem i s caused by i n s u f f i c i e n t l y treated domestic sewage. Although the questionnaires served the purpose f o r which they were intended, they nevertheless contained sub-j e c t i v e evaluations which tend to d i s t o r t the meaning of the s t a t i s t i c s . . This problem cannot be avoided without the u t i l i z a t i o n of comparative standards and extensive physical and chemical analyses of water samples i n the evaluation of the extent of p o l l u t i o n . These means of maintaining object-i v i t y in evaluating the questionnaire r e s u l t s , could not be conducted within the scope of t h i s study. Examples of the s u b j e c t i v i t y of some of the answers received are that, although there may not be any i n d u s t r i a l or domestic waste treatment, the evaluator may indicate that there i s no water p o l l u t i o n problem. P a r t i c u l a r examples of t h i s are that a l l of the municipalities except Vancouver within the Vancouver Metropolitan Area, V i c t o r i a , Comox, Port A l i c e , Ladysmith, Prince George, and T r a i l indicate that there i s no water p o l l u t i o n problem, whereas, according to other sources such as the Departments of Public Health and n F i s h e r i e s , a water p o l l u t i o n problem a c t u a l l y does e x i s t . There are undoubtedly other examples with which the writer i s not f a m i l i a r , but these few examples indicate where and how errors may have been introduced as a res u l t of the i n a b i l i t y of the author to use objective means of determining the degree of water p o l l u t i o n which may e x i s t . Water p o l l u t i o n problems which have resulted from untreated domestic sewage disposal are gradually being brought under closer control by the construction of more elaborate sewage treatment f a c i l i t i e s . Table 3 , page 79, indicates the trend, i n t h i s regard, f o r the period from 1953 to 1965. Most B.C. municipalities do not employ secondary 2^ treatment because t h e i r effluent i s ultimately discharged into volumes of water which provide a large enough d i l u t i o n factor to remove p o s s i b i l i t i e s of p o l l u t i o n dangers to down-stream users. Many of the improvements i n treatment f a c i l i -t i e s are attributable to the adoption of l e g i s l a t i o n i n 1960-61, through the National Housing Act, 1954, amended to 1960-61, under Part VI B, whereby loans are made available f o r municipal sewage treatment works. The Central Mortgage Primary treatment consists b a s i c a l l y of the removal of gross solids from sewage whereas secondary treatment reduces the biochemical oxygen demand (B.O.D.) and the d i s -solved s o l i d s content of the sewage. ^ Government of Canada, National Housing Act - 1 9 5 4 . amended to 1964 (Ottawa: Queen's Printer and Controller of Stationery, 1964), O f f i c e Consolidation, pp. 41-43. arid Housing Corporation, which administers the National Housing Act, has a policy whereby a l l newly constructed houses must be connected to piped sewers, with certain ex-ceptions being permitted to u t i l i z e septic tanks, i n order 31 to be e l i g i b l e f o r NHA loan insurance. DEGREE OF DOMESTIC SEWAGE TREATMENT FOR B.C. MUNICIPALITIES Degree of Treatment % of B.C. 1953* M u n i c i p a l i t i e s 1965A* % Change Based on 1953 None 74 28 Reduced 62 Primary 14 41 Increased 194 Secondary 12 31 Increased 156 SOURCES: & Sixth B r i t i s h Columbia Natural Resources Confer-ence ( V i c t o r i a : The B r i t i s h Columbia Natural Resources Conference, 1953), p. 191. k& C.J. Keenan, " P o l l u t i o n Problems i n B r i t i s h Columbia," Proceedings of 1965 Conference on Water P o l l u t i o n (University of B r i t i s h Columbia, Department of University Extension, December 2 and 3, 1965), pp. 22-23. TABLE 3 -^Information obtained by telephone conversation with A. Nauss, B.C. Regional O f f i c e of the Central Mortgage and Housing Corporation. 80 Increasing i n d u s t r i a l i z a t i o n presents the problem of increased volumes of wastes which must be disposed of, and also the problem of dealing with new types of pollutants which are continually r e s u l t i n g from the adoption of new types of i n d u s t r i a l processes. Most of the i n d u s t r i a l organ-iz a t i o n s within the province are attempting to minimize water p o l l u t i o n problems by the u t i l i z a t i o n of modern treatment f a c i l i t i e s . Water p o l l u t i o n problems which may be detrimental to public health have always received prime consideration. Solutions to these problems have minimized the effects of water p o l l u t i o n . The incidence of typhoid and paratyphoid fever have been almost completely eliminated by the develop-ment and use of such b a c t e r i c i d a l agents as chlorine. Table 4, page 81, indicates the incidence of diseases which have been reported i n the Province of B.C. i n the l a s t h a l f decade as a res u l t of water contamination. The Department of Public Health of the Province of B.C. i s engaged i n a continuing program of research with the objectives of locating the o r i g i n of water-borne diseases and attempting to eliminate the causes of water p o l l u t i o n through control measures. The Pollution-control A c t J was enacted i n 1956 to set Government of B r i t i s h Columbia, Pollution-control Act R.S.B.C. I960, Chapter 289; 1963, Chapter 42; 1965, Chapter 37. ( V i c t o r i a : Queen's Printer and Controller of Stationery, 1956). 81 up an agency whose purpose i s to determine what constitutes a polluted condition of land, or water and to take the steps within i t s power to alleviate that problem. This agency, in conjunction with other agencies which have powers to control water pollution, has been successful in securing a reasonably low level of water pollution and minimizing i t s effects on public health, the fishing industry, on other industries using water, on recreation, and on aesthetic amenities created by the use of water in the Province of British Columbia. SELECTED REPORTED DISEASES - BRITISH COLUMBIA (Number of Cases Reported 1961-1965) Disease 1 9 6 1 1 9 6 2 1 9 6 3 1 9 6 4 1 9 6 5 * Infectious Hepatitis 1 , 6 7 7 1 , 3 8 9 1 , 7 3 6 1 , 0 3 0 9 1 6 Typhoid and 28 Paratyphoid Fever 1 0 6 1 1 1 0 Streptococcus Infections 2 , 0 6 8 1 , 2 5 4 1 , 0 9 9 9 6 5 1 , 4 6 1 Venereal Disease (Syphilis and 4 , 2 7 6 6 , 3 0 1 gonorrhea) 3,600 5 , 4 3 4 4 , 9 7 2 & January 1 to October 2 9 . SOURCE: 1 9 6 5 Conference on Water Pollution Proceedings (Department of University Extension, University of British Columbia, February, 1 9 6 6 ) , p. 3 4 . TABLE 4 IV. LEGISLATION AND POLICY FOR THE CONTROL OF WATER QUALITY IN B.C. TODAY There i s considerable ex i s t i n g l e g i s l a t i o n and policy at the federal, p r o v i n c i a l , and l o c a l l e v e l s of government f o r the control of water p o l l u t i o n i n B r i t i s h Columbia. Although the objectives of a l l the agencies which may impose control are generally s i m i l a r , differences nevertheless do occur, such as between the "Health Act," the "Fisheries Act," and the "Migratory Birds Regulations Act." Whereas the "Health Act" has the prime objective of the prevention of nuisances and the protection of the public health, the "Fish e r i e s Act" s t r i v e s to prevent p o l l u t i o n that would harm commercial and sport f i s h e r i e s resources, and the "Migratory Birds Regulations Act" provides f o r the protection p a r t i c u -l a r l y of migratory water-fowl. L e g i s l a t i o n and Policy at the Federal Level of Government 1. "Fisheries Act." The provisions which are a p p l i -cable f o r the control of water p o l l u t i o n under t h i s l e g i s -l a t i o n states that: 33. (1) No one s h a l l throw overboard b a l l a s t , coal ashes, stones, or other p r e j u d i c i a l or deleterious substances i n any r i v e r harbour or roadstead, or i n any water where f i s h i n g i s carried on, or leave or deposit or cause to be thrown, l e f t or deposited, upon the shore, beach or bank of any water or upon the beach between high and low water mark, remains or o f f a l of f i s h , or of marine animals, or leave decayed or decaying f i s h i n any net or other f i s h -ing apparatus; such remains or o f f a l may be buried ashore, above high water mark. S3 (2) No person s h a l l cause or knowingly permit to pass i n t o , or put or knowingly permit to be put, lime, chemical substances or drugs, poisonous matter, dead or decaying f i s h , or remnants thereof, m i l l rubbish or sawdust or any other deleterious substance or thing, whether the same i s of a l i k e character to the substances named i n t h i s section or not, i n any water frequented by f i s h , or that flows into such water, nor on i c e over either such waters. (3) No person engaged i n logging, lumbering, land clearing or other operations, s h a l l put or know-ingly permit to be put, any slash, stumps or other debris into any water frequented by f i s h or that flows into such water, or on the i c e over either such water, or at a place from which i t i s l i k e l y to be carried into either such water. 1932, c.42, s . 3 3 - 3 3 The Governor i n Council may make regulations to pre-vent or remedy the obstruction and p o l l u t i o n of streams and to f o r b i d the destruction of f i s h or eggs of f i s h . 3 4 Control means which may be imposed f o r offences which are committed against section 3 3 . ( 1 ) as documented above consist of, f o r each offence: . . . a penalty not l e s s than twenty d o l l a r s and costs and not more than one hundred d o l l a r s and costs, or to imprisonment f o r a term not exceeding two months; and every one so offending, whether master or servant, and the master or owner of any vessel or boat from which such ba l l a s t or o f f a l , or other p r e j u d i c i a l substance i s thrown, i s l i a b l e to penalty and imprisonment as afore-said f o r each offence. 1932, c.42, s.60.35 Fisheries Act, Revised Statutes of Canada, 1952, Chapter 119, Section 3 3 . 34 Ibid., Section 34. 35 Ibid., Section 60. 8 4 Anyone who commits an offence against section 33•(2) as documented above: . . . i s l i a b l e , f o r the f i r s t offence, to a penalty of twenty d o l l a r s and costs, f o r the second offence, to a penalty of not l e s s than f o r t y d o l l a r s and costs, and not more than eighty d o l l a r s and costs, and also i n addition thereto a further penalty of not l e s s than ten d o l l a r s and not more than twenty d o l l a r s f o r every day during which such offence i s continued; and f o r the t h i r d or any subsequent offence, to a penalty of not l e s s than one hundred d o l l a r s and costs, and not more than two hundred d o l l a r s and costs, and also i n addition thereto a further penalty not exceeding twenty d o l l a r s f o r every day during which such offence i s continued. 1932, c.42, s.6l.3o . Consistent with the objective of the "Fisheries Act," water po l l u t i o n that would harm commercial or sport f i s h e r i e s resources could be e f f e c t i v e l y prevented by the s t r i c t en-forcement of means of control which are available through t h i s l e g i s l a t i o n . As the j u r i s d i c t i o n a l management of f i s h e r i e s i n a l l waters i n Canada i s a Federal r e s p o n s i b i l i t y , as allocated by the B.N.A., Act of 1867, the administration and enforcement of regulations i s also i t s r e s p o n s i b i l i t y unless o f f i c i a l l y transferred or agreed to by both governments. In B r i t i s h Columbia, the Federal Government administers and enforces regulations f o r a l l marine species and those which spawn i n fresh water but l i v e the majority of t h e i r l i v e s i n the sea. The Province has administrative r e s p o n s i b i l i t y only f o r 36 Ibid., Section 61. 35 non-tidal or fresh water fisheries. British Columbia also issues and administers oyster leases. In a l l instances the regulations under which management i s carried out are Federally enacted.-^ 2. "Navigable Waters Protection Act." This Act pro-hibits the throwing of any sawdust, edgings, slabs, bark or rubbish of any description whatsoever into any river, stream or other water, any part of which i s navigable or which.flows into any navigable water.38 Any person convicted of such an offence i s l i a b l e , for a f i r s t offence, to: . . . a penalty of not less than twenty dollars, and for each subsequent offence, to a penalty of not less than f i f t y dollars. R.S., c.140, s.28.39 Fishery officers are given the right to administer these sections of the act. These officers have the right to exercise a l l the powers conferred upon them for like purposes by the "Fisheries Act" in the enforcement of these provis-40 ' " ions. -"R.G. McMynn, Report to the Special Committee on Fisheries Concerning the Jurisdictional Management of tKe  Commercial Fisheries of British Columbia and the Major Prob-lems Associated with the Management of the Resource (Victoria: Commercial Fisheries Branch, Department of Recreation and Conservation, March, 1965), pp. 21-33. 3^Navigable Waters Protection Act, Revised Statutes of Canada, 1952, Chapter 193, Section 18. 39 Ibid., Section 27. Ibid., Section 21 86. 3 . "Canada Shipping Act." This Act, under the gen-eral administration of the Governor i n Council provides f o r the making of regulations (a) to carry out and give effect to the provisions of The International Convention f o r the Pre-vention of P o l l u t i o n of the Sea by O i l , 1954, (b) f o r regu-l a t i n g and preventing the p o l l u t i o n by o i l from ships of any inland, minor or other waters of Canada; and (c) prescribing a f i n e not exceeding f i v e hundred d o l l a r s or imprisonment not exceeding s ix months or both f i n e and imprisonment to be imposed upon summary conviction as a penalty f o r v i o l a t i o n of a regulation made under t h i s section. 4 . "National Harbours Board Bylaw." The Regulations governing the harbour of Vancouver were made under Bylaw by the National Harbours Board. Through the Bylaw control of water p o l l u t i o n i s established by providing that: Nothing s h a l l be thrown, drained or discharged into the water, allowed to come i n contact with the water, or deposited i n the water within the l i m i t s of the harbour which may i n any manner • • • (b) cause any nuisance or danger to health or endanger l i f e or health; Provided, however, that b a l l a s t or rubbish may be placed, l e f t or disposed of at such places i n the harbour as may be assigned by the Board.^ 2 ^Canada Shipping Act, Statutes of Canada, 1956, Chapter 34 , Section 25. / p R. Bowering, o_p_. c i t . , p. 194. 8 7 The penalty for the violation of this bylaw consists of a fine not exceeding five hundred dollars or imprisonment for a period not exceeding sixty days or, in default of pay-ment of a pecuniary penalty and of the costs of conviction, to imprisonment for a period not exceeding thirty days. 4 3 5. "Migratory Birds Regulations Act." By this Act, i t i s made unlawful to place, cause to be placed or in any manner permit the f l o w o r entrance of o i l , o i l wastes or sub-stances harmful to migratory water-fowl into or upon water frequented by migratory water-fowl or waters flowing into such waters or on the ice covering either of such waters. 4 4 Persons found guilty of committing an offence against this Act are liable to a fine of not more than three hundred dollars and not less than ten dollars or to imprisonment for a term not exceeding six months or to both fine and imprison-ment.^^ 6» "Criminal Code." The "Criminal Code" makes a criminal offence of a "common nuisance" which causes physical injury to any person, or which endangers the lives, safety, 4 3 I b i d . 44 Ibid., p. 193. 4 5 I b i d . , pp. 193-194. or health of the public. 88 7 . "National Housing A c t - 1 9 5 4 , Amended to 1 9 6 4 . " By the enactment of l e g i s l a t i o n under Part VI B of the "National L 7 Housing Act, 1 9 5 4 " i n 1 9 6 0 - 6 1 , loans are made available f o r the construction of municipal sewage treatment projects. The s p e c i f i c l e g i s l a t i o n i n d i c a t i n g the purpose of t h i s addition to the Act i s documented below. 36F. (l) In order to a s s i s t i n the e l i m i n a t i o n or pre-vention of water and s o i l p o l l u t i o n (Central Mort-gage and Housing) Corporation may, with the approval of the Governor i n Council, make a loan to any province, municipality or municipal sewerage corp-oration f o r the purpose of a s s i s t i n g i n the con-struction or expansion of a sewage treatment pro-ject . 4 8 Reference to a "sewage treatment project," f o r the purposes of t h i s Act, means a project consisting of a trunk sewage c o l l e c t o r system, a central treatment plant or both f o r the c o l l e c t i o n and treatment of sewage from one or more munici-' 4 9 p a l i t i e s . A loan may be made under t h i s Act only i f 4 N.E. Cooke, et. a l . (ed.), Water P o l l u t i o n Control -A Digest Of L e g i s l a t i o n and Regulations i n Force i n Canada TMontreal: Canadian Industries Limited, May, 196577 P« F-2. i n National Housing A c t - 1 9 5 4 , Amended to 1964 Statutes of Canada, 19b4-65, Ghapter~T5. ^ I b i d . , Section 13, 36F. (1). 49 ^National Housing Act-1954, Amended to 1961, Office Consolidation, Chapter 23, Part VI B, Section 3oETb). 89 s a t i s f a c t o r y evidence of the need f o r a sewage treatment project to eliminate or prevent water or s o i l p o l l u t i o n i s presented to the Corporation. This Act i s administered by the Central Mortgage and Housing Corporation which i s an agency of the Federal Govern-ment of Canada. Since the matters being dealt with are of a l o c a l nature they f a l l under the j u r i s d i c t i o n of the Provin-c i a l Government so action by the Corporation i s taken only upon consent of the P r o v i n c i a l Government at the request of the municipality. Financing of sewage treatment projects under t h i s Act i s assisted through loans made available out of the Consoli-dated Revenue Fund by the Minister. 5 ° A loan made under t h i s Section may not exceed two-thirds of the cost of the project. It w i l l bear an int e r e s t rate as prescribed by the Governor i n Council and have maximum amortization period of the useful l i f e of the project or f i f t y years whichever i s the least.^ 1 The loans must be secured by debentures issued by the borrow-er or by other security which i s acceptable to the Corporation and be repaid including p r i n c i p a l and intere s t as established by the Corporation i n payments not l e s s frequent than Ibid., Section 36H. Ibid., Section 36F (2) (a),(b) and (c). annually. ' Reductions i n indebtedness are applicable i f the project i s completed pr i o r to s p e c i f i e d dates. The present l e g i s l a t i o n permits a forgiveness of 25% of the p r i n c i p a l plus 25% of the accrued interest i f the project i s completed before March 31, 1967. Where a project i s not completed by that date the borrower i s e l i g i b l e f o r 25% of the p r i n c i p a l received and interest accrued as of March 31, 1967. Pro v i n c i a l L e g i s l a t i o n f o r the Control of Water P o l l u t i o n i n B r i t i s h Columbia !• "Health Act." The l e g i s l a t i o n by which water pol-l u t i o n may be controlled through t h i s Act gives the Lieu-tenant-Governor i n Council the right t o: . . . make and issue such general rules, orders, and regulations as he deems necessary f o r the prevention, treatment, mitigation, and suppression of disease . . . and the Lieutenant-Governor i n Council may by the rul e s , orders, and regulations provide f o r and regulate (r) the prevention of the p o l l u t i o n , defilement, d i s -coloration, or fou l i n g of a l l lakes, streams, pools, springs, and waters;53 113. A person who v i o l a t e s . . . provision of t h i s Act i s , unless i t i s otherwise s p e c i f i c a l l y provided, l i a b l e f o r every such offence to a penalty not exceeding one hundred d o l l a r s , or to imprisonment, with or without hard J National Housing Act, op. c i t . , Section 14. 53 Health Act, Revised Statutes of B r i t i s h Columbia, I960, Chapter l70T~Section 6. labour, f o r a term not exceeding six months, or to both f i n e and imprisonment, i n the di s c r e t i o n of the convicting Just i c e . R.S. 1943, c . l U , S . 1 1 4 . 5 4 This Act i s administered under the Pr o v i n c i a l Depart-ment of Health Services and Hospital Insurance by the Pro-v i n c i a l Health O f f i c e r with the assistance of Local Boards of Health, and Health O f f i c e r s within the Province. 2. "Water Act." It i s an offence under t h i s Act to put into any stream any sawdust, timber, t a i l i n g s , gravel, refuse, carcass, or other thing or substance a f t e r having been ordered by the Engineer or Water Recorder not to do so. The penalty f o r such an offence i s a fi n e not to exceed two hundred and f i f t y d o l l a r s and, i n default of payment, to imprisonment not exceeding twelve months. This Act i s administered by the Comptroller of Water Rights i n the Department of Lands, Forests, and Water Resources. 3« "Pollution-control Act."5? This Act was assented 5 4 I b i d . , Section 113. 55 Ibid., Section 4« 56 Water Act, Revised Statutes of B r i t i s h Columbia, I960, Chapter 405, Section 41(k). 5 7 Pollution-control Act, Revised Statutes of B r i t i s h Columbia, I960, Chapter 289; 1963, Chapter 42; 1965, Chapter 37. See Appendix 1. to o r i g i n a l l y on March 2, 1956 and was revised i n I960, 1963 and 1965. The purpose of the Act i s given i n the preamble of t h i s Act which states that: Whereas i t i s deemed i n the public interest to main-t a i n and ensure the purity of a l l waters of the Province consistent with public health and the public enjoyment thereof, the propagation and protection of w i l d l i f e , b i rds, game and other aquatic l i f e , and the i n d u s t r i a l development of the Province: And where i t i s deemed expedient to require the use of a l l known available and reasonable methods by indus-t r i e s and others to prevent and control the po l l u t i o n of the waters of the Province: Now, therefore, Her Majesty, by and with the advice and consent of the L e g i s l a t i v e Assembly of the Province of B r i t i s h Columbia, enacts as follows:?° Under the Act, 'pollution* i s defined as: . . . anything done, or any r e s u l t or condition e x i s t -ing, created, or l i k e l y to be created, a f f e c t i n g land or water which, i n the opinion of the Board, i s detrimental to health, sanitation, or the public interest;5 9 The discharge of sewage or other waste materials into the waters of the area or areas within the j u r i s d i c t i o n of the Board i s prohibited unless a permit f o r such an operation has been obtained from the Board.^ The j u r i s d i c t i o n of the Board includes a l l of the Columbia River basin which l i e s within the Province of Pollution-control Act, Statutes of B r i t i s h Columbia, 1956, Chapter 36. 59 Pollution-control Act, op. c i t . , Section 2. 60 Ibid., Section 7 . ( 1 ) . 93 British Columbia, the entire Fraser River basin, and most of the populated area of the East Coast of Vancouver Island. Although this includes only about 40 percent of the area within the Province i t does contain about 95 percent of the population in the Province. The Board may: . . . classify operations according to the type of sewage or waste materials being discharged or proposed to be discharged, or by the type of treatment proposed or undertaken, or by the volume of the discharge or proposed discharge, or any combination of these, and may, with the approval of the Lieutenant-Governor in Council, exempt any class or classes of operation so defined from the provisions of this Act, and may make such exemptions app-licable to a specific area or areas under the jurisdiction of the Board. 1963,.c.42, s.17. 6 1 The Pollution-control Board operates under terms of reference which should be more specifically defined by the Provincial Cabinet. Their prime function to date i s the issuance of permits for the effluent of waste materials into water courses within their jurisdiction. Membership on the Board consists of the Deputy Minister of Lands, Forests, and Water Resources, who i s the Chairman representing Water Resources, the Executive Engineer, representing the Health Department, a representative of Commercial Fisheries, and representation from Forest Services. It i s hoped that the membership can soon be increased to include the Mines Depart-ment and the Department of Agriculture to get general 61 Ibid., Section 7A. representation on the Board. U n t i l representation i s broad-ened i t w i l l be very d i f f i c u l t f o r the Board to function i n the capacity f o r which i t was intended. The policy of the Board has been to consider each app l i c a t i o n f o r a permit to discharge wastes on i t s own merits rather than having r i g i d stream standards or estab-l i s h e d effluent standards to which users should conform. It w i l l be necessary to adopt s t r i c t e r p o l i cy as the Board functions and as the Province grows. The administration of t h i s Act i s the r e s p o n s i b i l i t y of the Minister of Lands, Forests, and Water Resources. Under the Minister, the Pollution-control Board, whose mem-bers are appointed by the Lieutenant-Governor i n Council, effectuates the l e g i s l a t i o n and p o l i c y . The Board has the following powers and duties: (a) To determine what q u a l i t i e s and properties of water s h a l l constitute a polluted condition: (b) To prescribe standards regarding the quality and character of the effluent which may be discharged into any of the waters within the area or areas under the j u r i s d i c t i o n of the Board: (c) To conduct t e s t s and surveys to determine the extent of p o l l u t i o n of any waters within the area or areas under the j u r i s d i c t i o n of the Board: (d) To examine into a l l e x i s t i n g or proposed means f o r the disposal of sewage or other waste materials, or both, and to approve the plans and s p e c i f i -cations f o r such works as are deemed necessary to Ibid., Section 1 1 . 95 p r e v e n t p o l l u t i o n o f t h e w a t e r s o f t h e a r e a o r a r e a s : (e) To n o t i f y a l l p e r s o n s who d i s c h a r g e e f f l u e n t i n t o t h e s a i d w a t e r s when t h e e f f l u e n t f a i l s t o meet t h e p r e s c r i b e d s t a n d a r d s : ( f ) To o r d e r any p e r s o n t o i n c r e a s e t h e d e g r e e o f t r e a t m e n t o f t h e e f f l u e n t o r t o a l t e r t h e manner o r p o i n t o f d i s c h a r g e o f t h e e f f l u e n t b e i n g d i s -c h a r g e d by s u c h p e r s o n t o b r i n g t h e e f f l u e n t up t o t h e p r e s c r i b e d s t a n d a r d s : (g) To o r d e r any p e r s o n who f a i l s t o comply w i t h an o r d e r i s s u e d under , c l a u s e ( f ) t o c e a s e d i s c h a r g i n g e f f l u e n t i n t o any w a t e r s i n t h e a r e a as and f r o m a day and t i m e s p e c i f i e d i n t h e o r d e r : (h) To a p p o i n t s u c h a d v i s o r y o r t e c h n i c a l c o m m i t t e e s f r o m t i m e t o t i m e as may be deemed n e c e s s a r y t o i n f o r m t h e B o a r d w i t h r e g a r d t o w h a t e v e r m a t t e r s may be r e f e r r e d by t h e B o a r d . 1956, c .36, s .4 ; 1965, c 3 7 , s . 3 . 6 ; i The L i e u t e n a n t - G o v e r n o r i n C o u n c i l may make r e g u l a t i o n s w h i c h a r e deemed n e c e s s a r y and a d v i s a b l e . 6 ^ " To d a t e t h e s e r e g u l a t i o n s d e a l o n l y w i t h m a t t e r s c o n c e r n i n g t h e a c q u i s i t i o n o f p e r m i t s u n d e r t h e A c t , and s p e c i f y w a s t e e f f l u e n t c l a s s i -f i c a t i o n s . The p e n a l t y f o r an o f f e n c e a g a i n s t any p r o v i s i o n s o f t h i s A c t c o n s i s t s o f a f i n e n o t e x c e e d i n g two h u n d r e d and f i f t y d o l l a r s a n d , i n d e f a u l t o f p a y m e n t , t o i m p r i s o n m e n t f o r a t e r m n o t e x c e e d i n g t w e l v e m o n t h s . ^ / T o I b i d . , S e c t i o n 4. 64 I b i d . , S e c t i o n 20. 65 I b i d . , S e c t i o n 5. Expenses which may be incurred in the administration of this Act or for the carrying-out of the provisions of this Act shall, in the absence of any vote of the Legislative Assembly, be paid out of the Consolidated Revenue Fund.^ Means of Control at the Municipal Level Municipalities may ensure that water pollution i s controlled by the application of legislation which i s avail-able to them through the Federal and Provincial Governments. An example of this external means of control i s the applicat-ion of legislation available under the "Health Act" through the local Medical Health Officer. There are internal means of control as well. 1» "Municipal Act."^7 Indirect means of control are available under section 525 of this Act. It i s an offence to obstruct or f i l l up any ditch, drain, creek, or watercourse. The penalty for commitment of such an offence i s a fine not exceeding two hundred dollars. . Under section 714(b) the Council may, for the health, safety, and protection of persons and property, regulate the installation, alteration, or repair of plumbing (including 6 6 Ibid., Section 10. ^Municipal Act, Revised Statutes of British Columbia, I960, Chapter 255; ±%1, Chapter 43; 1962, Chapters 36, 41; 1963, Chapter 42; 1964, Chapter 33 97 septic tanks and sewer connections). Section 870(g) makes provision f o r the Council, by-by-law, to prohibit persons from causing or permitting water, rubbish, or noxious, offensive, or unwholesome matter or substance to c o l l e c t or accumulate around t h e i r premises, which i n t h i s case may be construed to be the municipality. The Council may also, according to subsection ( j ) , by by-law, require manufacturers and processors to dispose of the waste from t h e i r plants i n a manner directed by the by-law. Pro-v i s i o n i s made i n section (o) to control bathing i n any public waters i n or near any municipality. A l l types of drainage systems within a municipality are c l a s s i f i e d as property of that municipality. As such the municipalities may impose control on anyone who uses these f a c i l i t i e s . A p a r t i c u l a r case exists i n the Vancouver area, i n which there i s an attempt to establish Water D i s t r i c t s , and Sewerage and Drainage D i s t r i c t s so that various aspects of water and sewerage works may be controlled. These D i s t r i c t s are formed through l e g i s l a t i o n of which parts are applicable to the control of water quality. 2« "Greater Vancouver Water D i s t r i c t Act j 1924." The l e g i s l a t i o n represented by t h i s Act, by which water quality can be controlled states that: 88. I f any person s h a l l bathe the person, or wash or 98 cleanse any clothe, wool, leather, skin of animals, or place any nuisance or offensive thing within or near the source of supply of such waterworks i n any lake, r i v e r , pond source or fountain, or reservoir from which the water of said waterworks i s obtained, or s h a l l convey or cast, cause of throw, or put f i l t h , d i r t , dead carcasses, or other offensive or objectionable, i n j u r i o u s , or deleter-ious thing or things therein, or within the distance therefrom as above set out, or cause, permit, or suffer the water of any sink, sewer, or drain to run or be conveyed into the same or into any part of the system, or cause any other thing to be done whereby the water therein may be i n anywise tainted or fouled or become contaminated, he s h a l l be l i a b l e , on summary conviction, to a f i n e not ex-ceeding f i f t y d o l l a r s , or to imprisonment f o r a period not exceeding t h i r t y days, with or without hard labour, or to both f i n e and imprisonment.68 This Act i s administered by the Greater Vancouver Water D i s t r i c t Board, which was established under the Act. 3. "Greater Vancouver Sewerage and Drainage D i s t r i c t s  Act, 1956."^ This Act provides an i n d i r e c t means to control water p o l l u t i o n by enabling the expropriation of any land within or outside i t s area f o r the purpose of the construct-ion and operation of sewerage and drainage f a c i l i t i e s . The powers and functions are controlled by an Admini-s t r a t i v e Board, consisting of representatives appointed annually by the respective Councils of the member munici-p a l i t i e s and by a member appointed by the Minister of Lands, 68 Greater Vancouver Water D i s t r i c t Act, 1924, Statutes of B r i t i s h Columbia, 1924, Chapter 22. 69 Greater Vancouver Sewerage and Drainage D i s t r i c t s  Act, 1956, Statutes of B r i t i s h Columbia, 1956, Chapter 59. 99 Forests, and Water Resources to represent the University Endowment Lands. The Chairman i s appointed annually by the Board from among i t s members. Subject to the control of the Board, the a f f a i r s and business of the Corporation are under the management of a Commissioner appointed by the Board. V. EVALUATION OF EXISTING MEANS OF CONTROL There are a great number of agencies with l e g i s l a t i v e power to control water p o l l u t i o n i n the Province of B r i t i s h Columbia. This m u l t i p l i c i t y of agencies often r e s u l t s i n a duplication of l e g i s l a t i o n which i s available f o r use. Where l e g i s l a t i o n i s duplicated between agencies each agency may r e l y on the other f o r enforcement of that l e g i s l a t i o n with the r e s u l t being that i t does not get enforced and the po l -l u t i o n problem p e r s i s t s . 70 The Pollution-control Act was enacted i n 1956 i n an attempt to resolve t h i s problem. It has been amended on several occasions to improve s p e c i f i c sections of the Act and to extend the area of j u r i s d i c t i o n of the Act. The Act i s s t i l l not e f f e c t i v e i n regards to l e g i s l a t i o n , p o l i c y and enforcement; the reasons f o r t h i s are considered i n d e t a i l i n the following pages. It i s the writer's contention that with minor 70 Pollution-control Act, op. c i t . 100 improvements i n the l e g i s l a t i o n , with the establishment of ca r e f u l l y formulated p o l i c y , and with the development of a more e f f e c t i v e administrative framework, the P o l l u t i o n -control Act would constitute adequate l e g i s l a t i o n f o r the ef f e c t i v e control of water p o l l u t i o n . Rather than deal with s p e c i f i c d e t a i l s of the l e g i s l a t i o n , p o l i c y , administration, and financing of a l l the agencies which have powers to con-t r o l water p o l l u t i o n , an attempt i s made here to evaluate the Poll u t i o n - c o n t r o l Act and i t s effectuation i n more d e t a i l . Membership on the Pol l u t i o n - c o n t r o l Board at present does not provide a broad enough representation of functions which are d i r e c t l y concerned with water p o l l u t i o n to permit comprehensive effectuation. The present membership consists of the Deputy Minister of Lands, Forests, and Water Resources as Chairman and also as representative of Water Resources; the Executive Engineer represents the Department of Health; and there are representatives from Commercial Fis h e r i e s and Forest Services. This membership, which i s determined by the 71 Lieutenant-Governor i n Council,' should be enlarged to include such functional departments as Mines and Agriculture. U n t i l the membership i s increased to include representation of these other agencies, i t i s not p r a c t i c a l to consider that the P o l l u t i o n - c o n t r o l Board could be the u n i f i e d water Ibid ., Section 3 101 p o l l u t i o n control agency within the Province. Several sections of the l e g i s l a t i o n , as presented i n the Act, are presently subjected to c r i t i c i s m and should be amended. Whereas the Board has the power and duty: . . . to determine what q u a l i t i e s and properties of water s h a l l constitute a polluted condition: . . . to prescribe standards regarding the qua l i t y and character of the effluent which may be discharged into any of the waters within the area or areas under the j u r i s d i c t i o n of the Board: . . . to conduct t e s t s and surveys to determine the extent of p o l l u t i o n of any waters within the area or areas under the j u r i s d i c t i o n of the Board:72 the operation of the Board has not yet reached that l e v e l of so p h i s t i c a t i o n . The Board has not adopted s p e c i f i c means by which the extent of water p o l l u t i o n can be object i v e l y and consistently determined. Standards to which the quality and character of effluents could be compared have not been o f f i c -i a l l y adopted by the Board. The Board, i n the absence of these c r i t e r i a , considers each case on i t s own merit and makes i t s decisions accordingly. Whereas the Act provides that: No person s h a l l discharge sewage or other waste materials into the waters of the area or areas under the j u r i s d i c t i o n of the Board without a permit from the Board.73 Ibid., Section 4(a),(b), and ( c ) . Ibid ., Section 7.(1). 102 the Regulations which are set up under the Act by Order i n Council do not require that a-permit be obtained from the Board f o r the discharge of domestic sewage where such d i s -charge i s not i n excess of 5,000 gallons per day.'''4 This ambiguity should be cleared up by an amendment to t h i s section of the Act. The administration of the Act i s dependent on the services of employees of the Health Branch of the Department 75 of Health Services and Hospital Insurance f o r i t s operation. In order that the administration of t h i s Act can become more e f f i c i e n t and workable, i t w i l l be necessary to provide s u f f i c i e n t s t a f f , s t r i c t l y f o r the effectuation of the l e g i s -l a t i o n under the Pollution-control Act, i n the employ of the P o l l u t i o n - c o n t r o l organization. Financing of costs f o r the administration of t h i s Act or f o r the carrying out of the provisions of t h i s Act s h a l l : . . . i n the absence of any vote of the L e g i s l a t i v e Assembly available therefor, be paid out of the Consoli-dated Revenue Fund. 1956, c.36, s . l O . ' Q The administration of t h i s Act has been extremely confined by the extremely l i m i t e d amount of funds which were budgeted f o r ^"Regulations by Orders i n Council Numbers 719 i n 1957, 1452 i n 1958, and 1033 i n 1963, Section 11. 75 Pollution-control Act, op. c i t . , Section 8(1). 76 Ibid., Section 10. 103 that purpose. P r i o r to l a s t year the budgeted amount was l i m i t e d to $2,500. Last year that amount was raised to $25,000. Even t h i s l a t t e r apportionment of funds i s minimal i n consideration of the extensive task which i s expected to be performed. The j u r i s d i c t i o n of the Board presently extends to include a l l of the area of the Columbia River basin which l i e s within the Province of B r i t i s h Columbia, the entire Fraser River basin and most of the populated area of the East 77 Coast of Vancouver Island.'' Although t h i s includes only 40 percent of the t o t a l area of the Province, i t includes about 95 percent of the population i n the Province. The area of j u r i s d i c t i o n w i l l have to be expanded to include the t o t a l area within the Province before comprehensive water p o l l u t i o n control can be effectuated. The Act provides that: . . . Any person whose righ t s would be affected by the granting of a permit may, within such time as. may be prescribed i n the regulations, f i l e an objection thereto. Whereas the Pollution-control Board considered that the City of Nelson should provide treatment of t h e i r domestic sewage p r i o r to disposal into public waters, the City defeated the by-law f o r the construction of sewage treatment f a c i l i t i e s . I bid., Section 12 and Orders i n Council Numbers 643 i n 1961, 2995 i n 1962, and 3049 i n 1962. Ibid., Section 1 7 ( 1 ) . 104 P r o v i n c i a l l e g i s l a t i o n c o n t r o l l i n g municipalities should be amended to permit an order from the Board to override a municipal decision to subject such a by-law to a vote; t h i s would a s s i s t i n enabling enforcement of the Act. The Act i s administered from V i c t o r i a ; there i s a very large area to be administered from one o f f i c e with an ex-tremely l i m i t e d s t a f f and a l i m i t e d amount of operating funds. To accentuate the problem, there are weaknesses i n the l e g i s -l a t i o n and po l i c y . U n t i l these d e f i c i e n c i e s are eliminated, the Act cannot function e f f e c t i v e l y . VI. OTHER MEANS OF CONTROL The enforcement of l e g i s l a t i o n i s a di r e c t and r e l a -t i v e l y e f f e c t i v e means by which water quality can.be con-t r o l l e d . By the enactment of such l e g i s l a t i o n the p o l l u t i o n of water, within the area of j u r i s d i c t i o n of the governing agency, i s made i l l e g a l and the p o l l u t e r i s l i a b l e to l e g a l prosecution f o r such actions. A law which has not yet been enacted i n Canada but which has been successfully enforced i n Germany i s the law pro h i b i t i n g the sale of "hard", non-biodegradable^ deter-gents a f t e r October, 1964. Non-biodegradable detergents cannot be decomposed by conventional treatment plants. Consequently the effluent from these plants creates a foaming condition which may be detrimental to f i s h l i f e and i s unsightly. 105 The means adopted by the 'Genossenschaften* f o r the control of water p o l l u t i o n i n the Ruhr region of West Germany i s to apportion the costs of constructing and operating waste treatment systems i n proportion to the extent of p o l l u t i o n created by those members whose a c t i v i t i e s make i t necessary and to the benefits received from these treatment systems. The procedures adopted f o r f u l f i l l i n g t h i s d i r e c t i v e have been accepted as r a t i o n a l and equitable and have played an important role i n the e f f i c i e n t operation of the system. The tax i s made large enough to provide the p o l l u t e r with an economic incentive to correct h i s waste discharge so that the water quality objectives can be r e a l i z e d . An i n d i r e c t incentive f o r problem correction i s to encourage i n d u s t r i a l cooperation by allowing a rapid tax amortization on waste treatment f a c i l i t i e s or to make out-ri g h t grants from public funds to match a percentage of the treatment costs. A further i n d i r e c t means of c o n t r o l l i n g water pol-l u t i o n i s by i n s t i t u t i n g an educational program whereby water SO A.V. Kneese, "Water Quality Management by Regional Authorities i n the Ruhr Area," Regional Science Association  Papers and Proceedings, Volume 11, 19b3, p. 236. AR.O. Sylvester, "Objectives of Water Quality Manage-ment," 1965 Conference On Water P o l l u t i o n Proceeding (Univer-s i t y of B r i t i s h Columbia, Department of University Extension, December 2 and 3, 1965), p. 9. 106 users can be educated: to comprehend the causes of water p o l l u t i o n ; to understand the ways by which water p o l l u t i o n can be abated, regarding new and existing types of waste treatment equipment which are available; and as to the use and effectiveness of such equipment. VII. RECOMMENDED ADMINISTRATIVE STRUCTURE Basic pre-requisites to the e f f e c t i v e control of water p o l l u t i o n i n B r i t i s h Columbia are the adoption of the improve-ments which are suggested, i n a previous section, f o r the Poll u t i o n - c o n t r o l Act, the establishment of the P o l l u t i o n -control Board as the uni f i e d body responsible f o r the ef-fectuation of means to control water p o l l u t i o n , which should include the repealing of l e g i s l a t i o n , within other P r o v i n c i a l agencies, f o r the s p e c i f i c purpose of c o n t r o l l i n g water pol-l u t i o n , and the development of an administrative structure which would be capable of e f f e c t i v e l y and e f f i c i e n t l y ad-ministering the means of control. Recommendations f o r improving the effectiveness of administration of the Pollution-control Act are that: 1. the membership of the Pollution-control Board should be expanded to provide representation of a l l groups with d i r e c t i n t e r e s t ; 2 . regular and comprehensive measurement of pollutants and of water quality should be established; 3. standards acceptable to stated uses should be developed; 107 4. a program of education of a l l s e c t o r s of society-should be a c c e l e r a t e d f o r the purpose of acquaint-i n g the p u b l i c w i t h the causes of water p o l l u t i o n and ways of abating i t ; 5. the budget and s t a f f i n g f o r the a d m i n i s t r a t i o n of the Act must be considerably i n c r e a s e d ; 6. the j u r i s d i c t i o n of the Board must u l t i m a t e l y extend t o i n c l u d e the whole Province; 7. c e r t a i n a m biguities must be e l i m i n a t e d from the Act; 8. municipal powers, under the M u n i c i p a l Act, r e -s p e c t i n g water p o l l u t i o n , should be reduced to permit enforcement of the P o l l u t i o n - c o n t r o l Act; and t h a t 9. a d m i n i s t r a t i o n of the Act should commence at the r e g i o n a l l e v e l . The m u l t i p l i c i t y of agencies which have s p e c i f i c powers through l e g i s l a t i o n f o r the c o n t r o l of water p o l l u t i o n does not engender harmony. One of the inherent problems i n the r e s o l u t i o n of t h i s i n e f f i c i e n t means of imposing c o n t r o l i s t h a t there are c o n t r o l l i n g agencies at the f e d e r a l , p r o v i n c i a l , and municipal l e v e l s of government. Whereas the p r o v i s i o n s of p r o v i n c i a l and municipal l e v e l s of government can be r e s o l v e d at the P r o v i n c i a l l e v e l t h e r e i s no means of a t t a i n i n g the relinquishment of the f e d e r a l j u r i s d i c t i o n s without changes i n the Federal C o n s t i t u t i o n , except by agree-ment as e x e m p l i f i e d by the Federal F i s h e r i e s Act which i s administered through the Commercial F i s h e r i e s Branch of the P r o v i n c i a l Government Department of Recreation and Conser-v a t i o n . To date t h e r e has been no c o n f l i c t between P r o v i n c i a l 108 p o l l u t i o n l e g i s l a t i o n and provisions of the Federal Fisheries 82 Act regarding protection of f i s h . The P r o v i n c i a l Government should, by l e g i s l a t i o n to amend exis t i n g Acts, repeal those sections of P r o v i n c i a l and Municipal Acts, other than the Pollution-control Act, which s p e c i f i c a l l y deal with water p o l l u t i o n control. By adopting the recommended improvements under the P o l l u t i o n - c o n t r o l Act, the Province w i l l establish the single, competent, authori-t a t i v e Board required f o r the e f f e c t i v e administration of water p o l l u t i o n control p o l i c y . The administrative structure by which t h i s p o l i c y can be e f f i c i e n t l y implemented should develop around the smallest l e v e l of government which has the means to cope with the 83 problem. J.D. Chapman states that " I t i s a cardinal rule of water management that the operating unit s h a l l be the r i v e r basin or at least the sub-basin . . . . " ^ The a p p l i -cation of t h i s rule to the s i t u a t i o n i n B r i t i s h Columbia would necessitate the acceptance of the sub-basin as the 82 R.G. McMynn, op_. c i t . , p. 37. 83 Clean A i r and Water i n a Complex Society (Wilming-ton, Delaware: E.I. D'uPont DeTTemours and Company, 1965), Publication no. 28, p. 13. 8 / fJ.D. Chapman, "Water Pol l u t i o n — A Threat To The Quality Of The B r i t i s h Columbian Environment," 1965 Conference  On Water P o l l u t i o n Proceedings (University of B r i t i s h Columbia, Department of University Extension, December 2 and 3, 1965), p. 63. 109 operating unit i n order to r e t a i n a workable si z e of unit. This would necessitate i n t e r r e g i o n a l cooperation to control upstream p o l l u t i o n . H.P. Oberlander, i n considering p r a c t i c a l problems of Federalism, makes the following recommendation to overcome some of the problems of federalism . . . instead of worrying who w i l l do what or spending further time i n d i v i d i n g . . . developmental responsi-b i l i t i e s between two or three l e v e l s of Government l e t us assume that the present a l l o c a t i o n i s merely one of administrative convenience and that emphasis must be placed on j o i n t action instead of i n d i v i d u a l or separate actions by the Provinces or Ottawa. Let us create more opportunities and vehicles f o r j o i n t action, both p o l i t i -c a l and administrative ones to achieve a common purpose and thereby overcome the conservative nature of Federal-ism To be s p e c i f i c we must wed the power to make plans with the f i s c a l and administrative strength necessary to carry them out. Therefore i t ought to be possible to allow a l l three l e v e l s of Government i n a given area to resolve . . . development problems j o i n t l y . Perhaps we could create . . . Development Boards . . . . These . . . Development Boards would have c l e a r l y defined geo-graphic j u r i s d i c t i o n s which would coincide with groups of either presently established or reorganized l o c a l munici-p a l i t i e s . ^ There i s provision f o r the establishment of regional d i s t r i c t s and Development Boards, referred to as 'Regional of. Boards,' within the Municipal Act. u Regional d i s t r i c t s may Peter Oberlander, "Urban Planning And Federalism," Proceedings of the 1964 Annual Conference of the American  I n s t i t u t e of Planners (Washington, D.C.: American I n s t i t u t e of Planners, 1964), p. 68. Municipal Act Amendment Act, 1965, Chapter 28, Sections 765-769. 110 be incorporated, on the recommendation of the Minister of Municipal A f f a i r s , by the Lieutenant-Governor i n Council, subject to sp e c i a l provisions within the A c t . 8 ^ Membership on the Regional Board s h a l l consist of the r e q u i s i t e number of Directors appointed by the Council or Trustees of each municipality from among i t s members and the r e q u i s i t e number 88 of Directors elected from the e l e c t o r a l areas. The powers, duties, and obligations of the regional d i s t r i c t , i n addition to those s p e c i f i e d i n t h i s Act, are as spe c i f i e d i n the Letters P a t e n t . ^ One of the additional duties i s that the Regional Board s h a l l prepare regional plans applicable to the regional d i s t r i c t and revise them as necessary The Regional Board s h a l l provide f o r the establishment of a Technical Planning Committee consisting of: (a) a Planning Director; (b) a Medical Health O f f i c e r ; (c) one o f f i c e r at the option of each member munici-p a l i t y ; ' i b i d . , Section 766-767. 88 Ibid., Section 769. Ibid., Section 767(k). 90 Ibid., Section 795(1). I l l (d) a P r o v i n c i a l planning o f f i c e r ; and (e) one representative at the option of each of: (i) the Lands Service, Department of Lands, Forests, and Water Resources; ( i i ) the Water Resources Service, Department of Lands, Forests, and Water Resources; ( i i i ) the Department of Agriculture; and . en (iv) the Department of Highways. For the e f f e c t i v e administration of the P o l l u t i o n -control Act membership on the Committee should be expanded to include representation from the Federal Government. Such representation would ensure that federal i n t e r e s t s are con-sidered and the representative would act as an interprovin-c i a l coordinator when necessary. Membership on the Committee may have to expand further as the administration of more functions are made the r e s p o n s i b i l i t y of the Board. Where problems a r i s e out of the administration of the Act at the regional l e v e l , there should be recourse through the P o l l u t i o n - c o n t r o l Board, which would be retained as the general administrative agency at the P r o v i n c i a l l e v e l . It should undertake, with the Federal Government, programs of research and education among other P r o v i n c i a l l e v e l duties. There i s , therefore, provision f o r the creation of Ibid ., Section 798. B I D . 112 regional d i s t r i c t s on the basis of r i v e r basins and sub-basins within which the proposed Development Boards may function to achieve optimum water quality control within the Province of B r i t i s h Columbia. Since the boundaries of regional d i s t r i c t s , some of which have been established and others of which are proposed by the Department of Municipal A f f a i r s , do not co-incide with those boundaries which would delineate r i v e r basin d i s t r i c t s , the former d i s t r i c t s would not be operable f o r water p o l l u t i o n control. I f , as i s proposed, one of the functions of regional d i s t r i c t s i s to control water .pollution, i t would be desirable to e s t a b l i s h regional d i s t r i c t s r elated to boundaries of r i v e r basins. Since r i v e r basins generally create more contiguous units than do agglomerations of school d i s t r i c t s , functions, such as water p o l l u t i o n control, and water and sewerage systems, would more natu r a l l y coexist and could more p r a c t i c a l l y be coordinated within r i v e r basins. According to D. Campbell, the Minister of the Depart-ment of Municipal A f f a i r s , the Regional D i s t r i c t l e g i s l a t i o n was set up with the following objectives i n mind: To create an adaptable type of organization capable of handling any intermunicipal service, with the affected municipalities helping i n the design of the organization. To preserve both the i d e n t i t y of e x i s t i n g municipali-t i e s and a sense of community, even i f t h i s involves extra cost. To broaden the borrowing base of the M u n i c i p a l i t i e s without removing t h e i r taxing powers. 113 To provide a l o c a l decision-making body f o r the Unorganized Areas of the Province. With these objectives i n mind, the writer suggests that regional d i s t r i c t s would be better established on the basis of r i v e r basins. This would also enhance the attainment of the objective of better water quality control. VIII. SUMMARY The objective of conducting the case study i s to con-sider the h i s t o r i c a l development of water quality control and the means of c o n t r o l l i n g water quality which are available within the Province of B r i t i s h Columbia with the intention of proposing a more e f f e c t i v e means of c o n t r o l l i n g water p o l -l u t i o n . Despite the vast range of means available f o r the effectuation of water quality control i n the Province of B r i t i s h Columbia many problems ex i s t . L e g i s l a t i o n f o r the control of water p o l l u t i o n has been enacted at the f e d e r a l , p r o v i n c i a l , and municipal l e v e l s of government. The various pieces of l e g i s l a t i o n under which control i s available are as follows: Federal. 1. F i s h e r i e s Act; 2. Navigable Waters Protection Act; 3. Canada Shipping Act; 4 . National Harbours Board Bylaw; y "B.C.'s New Regional D i s t r i c t s , " Community Planning  i n B.C., Volume VI, Number 1, February, 1966". 114 5. Migratory Birds Regulations Act; 6. Criminal Code; and 7. National Housing Act. P r o v i n c i a l . 1. Health Act; 2. Water Act; and 3. Pol l u t i o n - c o n t r o l Act. Municipal. 1. Municipal Act; 2. Greater Vancouver Water D i s t r i c t s Act; and 3. Greater Vancouver Sewerage and Drainage D i s t r i c t s Act. The e x i s t i n g means of control of water p o l l u t i o n i n B r i t i s h Columbia involves a m u l t i p l i c i t y of agencies which does not engender e f f i c i e n t functioning. Improvements which would have to be made under the Poll u t i o n - c o n t r o l Act to make i t an e f f e c t i v e single agency responsible f o r the control of water p o l l u t i o n include: 1. the expansion Of the Pollution-control Board representation; 2. the establishment of suitable water-quality c r i t e r i a ; 3. an expansion of the education program; 4. an increase i n budget and s t a f f ; 5. an extension of the j u r i s d i c t i o n of the Board; 6. the elimination of ambiguities from the Act; 7. an increase i n the powers under the Act; and S. commencement of administration of the Act at the regional l e v e l . Coordination of water p o l l u t i o n c o n t r o l l i n g agencies at the Federal, P r o v i n c i a l , and Municipal l e v e l s of govern-ment can be best accomplished by the establishment of a Development Board, with representation from each l e v e l of government, within each incorporated regional d i s t r i c t . The regional d i s t r i c t s proposed f o r the purpose of effectuating water p o l l u t i o n control, should be based on r i v e r basins and sub-basins. The proposed improvements under the Pollution-control Act and the establishment of the proposed regional d i s t r i c t s would provide an e f f e c t i v e and e f f i c i e n t means of water p o l -l u t i o n control within the Province of B r i t i s h Columbia. CHAPTER VI WATER POLLUTION CONTROL AT THE REGIONAL LEVEL I. SUMMARY The need f o r conservation of exi s t i n g water resources i n countries which are experiencing rapid urbanization and i n d u s t r i a l i z a t i o n becomes quite obvious when one considers the tremendous increase i n demand f o r water as the standard of l i v i n g r i s e s and as new uses f o r water evolve. The problems which may a r i s e from lack of recognition of the need f o r planned u t i l i z a t i o n of water resources, and the development of means to cope with these problems once they have developed, are exemplified i n the case of the highly urbanized and i n d u s t r i a l i z e d Ruhr Valley i n West Germany. The U.S.A. has reached the stage of recognition of problems which a r i s e out of water p o l l u t i o n and has recently embarked on the development of means to resolve these e x i s t i n g and poten t i a l problems. Canada w i l l undoubtedly follow t h i s experience very closely. There i s a m u l t i p l i c i t y of uses f o r water f o r domestic and i n d u s t r i a l purposes and the range of these uses i s ra p i d l y expanding. This vast and increasing range of bene-f i c i a l uses often r e s u l t s i n c o n f l i c t s whereby, since the degree of water quality d i f f e r s f o r d i f f e r e n t uses, overuse 117 f o r one purpose may l i m i t the use f o r another purpose. To a l l e v i a t e t h i s s i t u a t i o n i t i s sometimes advantageous or even necessary to determine a hierarchy of use p r i o r i t i e s f o r the various available water supplies. The management of water, resources, including the control of water qualit y , since they are so v i t a l to such a large range of uses by man, must be planned on a comprehen-sive basis. The basis of the planning should be an attempt to a t t a i n the goals and objectives established by the planner according to his estimation of the needs and desires of society. These goals and objectives w i l l be most s a t i s f a c t -o r i l y r e a l i z e d by the development of a plan and policy f o r water quality control, and implementation of that plan through the performance of a l o g i c a l series of operations within the planning process. Within the Province of B r i t i s h Columbia there are about t h i r t e e n agencies, at the Federal, P r o v i n c i a l , and Municipal l e v e l s of Government, which have the l e g a l power to control water quality. This m u l t i p l i c i t y of c o n t r o l l i n g agencies creates overlaps i n j u r i s d i c t i o n s which may r e s u l t i n i n a c t i v i t y i n the imposition of control by these agencies which may unduly r e l y on each other to exercise t h e i r powers. The P o l l u t i o n - c o n t r o l Board, one of these agencies, was established through the Pollution-control Act i n 1956 to resolve these problems of overlapping j u r i s d i c t i o n s . The 118 Board has not been successful i n becoming a sin g l e , competent, authoritative agency responsible f o r the control of water p o l l u t i o n within the Province of B r i t i s h Columbia, f o r the following reasons: 1. It i s not f u l l y representative; 2. I t has not established water quality and effluent standards c r i t e r i a ; 3. The education program i s too l i m i t e d ; l+. It has i n s u f f i c i e n t budget and s t a f f ; 5. The j u r i s d i c t i o n of the Board does not include the whole Province; 6. There are ambiguities i n the Act; 7. I n s u f f i c i e n t power i s delegated f o r the enforcement of the Act; and 8. Administration of the Act does not commence at a small enough l e v e l of government. It i s suggested that the Board may become the e f f e c t -ive u n i f i e d agency f o r the control of water p o l l u t i o n i n B r i t i s h Columbia i f d e f i c i e n c i e s under the Act are r e c t i f i e d and i f an e f f i c i e n t administrative structure i s developed. The proposed administrative structure consists of a Develop-ment Board, with representation from the three l e v e l s of government, established within each Regional D i s t r i c t . E x i s t i n g and proposed Regional D i s t r i c t s would have to be altered to coincide with r i v e r - b a s i n drainage systems or sub-basins i n order to make t h i s framework practicable. With some r e l a t i v e l y minor al t e r a t i o n s i n the exi s t i n g 119 l e g a l and administrative organization, the desired means of control of water p o l l u t i o n i n the Province of B r i t i s h Colum-bia can be s a t i s f a c t o r i l y achieved. I I . RECOMMENDATIONS FOR FURTHER INVESTIGATION The establishment of Regional D i s t r i c t s i s a very complex procedure because of the many functions which may operate within a s p e c i f i c region. It was suggested i n passing that the various functions of Regional D i s t r i c t s could i n a l l p r o b a b i l i t y be more e f f i c i e n t l y coordinated i f the D i s t r i c t s were based on r i v e r basins or sub-basins rather than on school d i s t r i c t s . This would provide s u f f i c i e n t subject matter f o r a complete study which the writer could not perform within the scope of t h i s study. I I I . EVALUATION OF THE STUDY METHOD The u t i l i z a t i o n of l i b r a r y research as the basis for obtaining the majority of the information, both s p e c i f i c and general, was very e f f e c t i v e . Attendance at conferences on water p o l l u t i o n acquainted the writer more thoroughly with the subject matter p a r t i c u l a r l y i n respect to the P r o v i n c i a l s i t u a t i o n . A considerable amount of information, which i s not availa b l e i n l i t e r a t u r e , was obtained through informal i n t e r -views with people d i r e c t l y involved i n water p o l l u t i o n control 1 2 0 at the three l e v e l s of government, with people who are only i n d i r e c t l y r e lated, and also with others who are not involved i n any way but are knowledgeable about and interested i n the subject. Information which was collected by mailed question-naire by another investigator not connected with t h i s par-t i c u l a r study also proved to be quite valuable. The method of study used i s considered to be quite v a l i d and e f f e c t i v e . IV. VALIDITY OF THE HYPOTHESIS The hypothesis of the study i s that: "Adverse physical conditions r e s u l t i n g from water p o l l u t i o n , which impede s a t i s f a c t o r y urban development, can be minimized by implementation of appropriate l e g i s -l a t i o n and policy at the regional l e v e l . " It has been documented throughout t h i s study that physical conditions which res u l t from water p o l l u t i o n are undesirable and can impede s a t i s f a c t o r y l o c a l and regional planning. This i s substantiated by the fact that water p o l l u t i o n can affec t water supplies f o r domestic usage, i n d u s t r i a l usage, recreational usage and f o r the propagation of f i s h and wild l i f e . A concerted e f f o r t toward coordination of water pol-l u t i o n control means i s urgently required. These means could be e f f e c t i v e l y coordinated within a regional planning frame-work. L e g i s l a t i o n and policy can be implemented at the regional l e v e l of government f o r e f f e c t i v e control of water po l l u t i o n within the Province of B r i t i s h Columbia. The hypothesis of t h i s study i s considered to be v a l i d . BIBLIOGRAPHY 122 BIBLIOGRAPHY A. BOOKS Camp, Thomas R. Water and Its Impurities. New York: Reinhold Publishing Corporation, 1963. Dahl, R.A., and C.E, Lindblom. P o l i t i c s , Economics, and Welfare. New York: Harper and Row Publishers, 1953. Eckstein, Otto. Water Resource Development: The Economics  of Project Evaluation. Cambridge: Harvard University-Press, 1958. Graham, E.H., and W.R. Van Dersal. Water f o r America. New York: Oxford University Press, 1956. Hammond, R.J. Benefit-Cost Analysis and P o l l u t i o n Control. Stanford, C a l i f o r n i a : Stanford University, I960. Klei n , Louis. Aspects of River P o l l u t i o n . London: Butter-worths S c i e n t i f i c Publications, 1957. Kneese, A.V. Water P o l l u t i o n . Washington, D.C.: Resources f o r the Future, Inc., 1962. Maass, A., et. a l . Design of Water-Resource Systems. Cam-bridge: Harvard University Press, 1962. Wolman, Abel. Water Resources. Washington, D.C.: National Academy of Sciences-National Research Council, 1962. B. PUBLICATIONS OF THE GOVERNMENT, LEARNED SOCIETIES, AND OTHER ORGANIZATIONS Bowering, R. " P o l l u t i o n Control In B r i t i s h Columbia Today," Sixth B.C. Natural Resources Conference Proceedings. V i c t o r i a : The B r i t i s h Columbia Natural Resources Confer-ence, 1953. "B.C.'s New Regional D i s t r i c t s , " Community Planning i n B.C., Volume VI, Number 1, February, 1966. Clean A i r and Water In A Complex Society. Wilmington, Dela-ware: E.I. DuPont De Nemours and Company, 1965. 123 Cooke, N.E., et. a l . (ed.). Water Pol l u t i o n Control - A Digest of L e g i s l a t i o n and Regulations i n Force i n Canada. Montreal: Canadian Industries Limited, May, 1965. Delafons, J . Land-Use Controls i n the United States. Cam-bridge: Joint Centre f o r Urban Studies of the Mass-achusetts I n s t i t u t e of Technology and Harvard Univer-s i t y , 1962. Dominion Bureau of S t a t i s t i c s . Canada Year Book. Ottawa: Queen's Pri n t e r and Controller of Stationery, 1916, 1946, 1956, 1961. Government of Canada. Canada Shipping Act. Statutes of Canada, 1956, Chapter 34. . Fisheries Act. Revised Statutes of Canada, 1952, Chapter 119. . National Housing Act - 1954. Amended to 1964. Ottawa: Queen's Printer and Controller of Stationery, 1964. . Navigable Waters Protection Act. Revised Statutes of Canada, 1952, Chapter 193-. Royal Commission on Canada's Economic Prospects -F i n a l Report. Ottawa: Queen's Printer and Controller of Stationery, 1957. Leach, T.A.J. " P r a c t i c a l Problems of Water P o l l u t i o n , " Sixth  B.C. Natural Resources Conference, Nos. 5-6, 1953. MacDonald, J.C. "Water L e g i s l a t i o n i n B r i t i s h Columbia," Journal of the American Water Works Association, 40:1, February, 1948. McCaig, J.W., and F.W. Patterson, "Water Resources and Requirements i n Western Canada." Paper presented to The Canadian In s t i t u t e of Mining and Metallurgy, Cal-gary, Alberta, October 26, 1965. McMynn, R.G. Report to the Special Committee on F i s h e r i e s  Concerning the J u r i s d i c t i o n a l and Administrative Man-agement of the Commercial Fisheries of B.C. and the Major Problems Associated with the Management of the  Resource. V i c t o r i a : Commercial Fisheries Branch, Department of Recreation and Conservation, Province of B.C., March, 1965. 124 Oberlander, P. "Urban Planning And Federalism," Proceedings  of the 1964 Annual Conference of the American I n s t i t u t e  of Planners. Washington, D.C.: American I n s t i t u t e of Planners, 1964. Partridge, E.P. Your Most Important Raw Material. P h i l a -delphia: American Society f o r Testing Materials, 1957. Province of B r i t i s h Columbia. Greater Vancouver Sewerage and  Drainage D i s t r i c t s Act, 1956. Statutes of B r i t i s h Colum-bia, 1956, Chapter 59. . Greater Vancouver Water D i s t r i c t Act, 1924, Statutes of B r i t i s h Columbia, 1924, Chapter 22. . Health Act. Statutes of B r i t i s h Columbia, Consoli-dated Acts, 18~8"8", Chapter 55. . Health Act, 1893. Statutes of B r i t i s h Columbia, T§93, Chapter 15. . Health Act Amendment Act, 1915. Statutes of B r i t i s h Columbia, 1915, Chapter 30. . Health Act. Revised Statutes of B r i t i s h Columbia, I9o0, Chapter 170. . Health Ordinance, 18"69. B.C. Ordinances I868 -69. . Municipal Act. Revised Statutes of B r i t i s h Colum-bia , I960, Chapter 255; 1961, Chapter 43; 1962, Chapters 36, 41; 1963, Chapter 42; 1964, Chapter 33. . Pol l u t i o n- c o n t r o l Act R.S.B.C. i 9 6 0 , Chapter 289; T%3, Chapter 42; 1965, Chapter 37. V i c t o r i a : Queen's Pr i n t e r and Controller of Stationery, 1965. . Sanitary Drainage Companies Act, 1904. Statutes of B r i t i s h Columbia, 1904, Chapter 16. . Sanitary Regulations, 1892. Sessional Papers of the Province of B r i t i s h Columbia, 1893. . Sanitary Regulations, I 8 9 6 . Sessional Papers of the Province of B r i t i s h Columbia, I898. . Sewer Act, 1910. Statutes of B r i t i s h Columbia, 1910, Chapter 43. 125 Province of B r i t i s h Columbia. Vancouver and D i s t r i c t s Joint  Sewerage and Drainage Act. Statutes of B r i t i s h Columbia, 1914, Chapter 79. . Water Act, 1948. Statutes of B r i t i s h Columbia, 1948, Chapter 361. . Water Act. Revised Statutes of B r i t i s h Columbia, I960, Chapter 405. P u r c e l l , P.R. "Progress and P o l l u t i o n , " Transactions of the  Sixth B r i t i s h Columbia Natural Resources Conference. V i c t o r i a : The B r i t i s h Columbia Natural Resources Con-ference, 1953. Ralph M. Parsons Company. North American Water And Power  A l l i a n c e . Los Angeles:. The Ralph M. Parsons Company, 1 9 5 4 : Resources f o r the Future, Inc. "Water Resources," Annual  Report, 1964. Washington, D.C.: Resources f o r the Future, Inc., 1964. University of B r i t i s h Columbia. 1965 Conference On Water  Po l l u t i o n Proceedings. University of B r i t i s h Columbia, Department of University Extension, December 2 and 3, 1965. Vancouver Sun. P o l l u t i o n - A Survey of A i r and Water Po l l u t i o n Problems i n B.C. Vancouver: The Vancouver Sun, 1965. C. PERIODICALS American Water Works Association. "Study of Domestic Water Use," Journal of the American Water Works Association. Baxter, Samuel S. "Determination of Stream Use," Journal of  the Ameri can Water Works Association, 56:10, October, 1964. Craine, L.E. "Water Management And Urban Planning," Ameri can  Journal of Public Health, Vol. 51, No. 3, March, 1961. Davidoff, P., and T.A. Reiner. "A Choice Theory of Planning," Journal of the Ameri can I n s t i t u t e of Planners, Volume XXVIII, May, 196X 126 Fox, I.K. "New Horizons i n Water Resources Administration," Journal of the American Society f o r Public Administration, Vol. XIV, N ~ l , March, 1965. Fox, I.K. and O.C. Herfindahl. "Attainment of E f f i c i e n c y i n S a t i s f y i n g Demands f o r Water Resources," American Econ-omic Review, May, 1964. Kneese, A l l e n V. "Water Quality Management By Regional Authorities i n the Ruhr Area With Special Emphasis on the Role of Cost Assessment," Regional Science  Association Papers and Proceedings, Vol. 11, 1963. Linaweaver, F.P., J.C. Geyer, and J.B. Wolff. "Progress Report on the Residential Water Use Research Project," Journal of the American Water Works Association, 56:9, September, 1964. Renshaw, E.F. "Value of an Acre-Foot of Water," Journal of  the Ameri can Water Works Association, Vol. 50, No. 3, March, 1958. Sei d e l , H.E., A.S. Johnson, and D.O. Decker. "A S t a t i s t i c a l Analysis of Water Works Data f o r 1950," Journal of the Ameri can Water Works Association, 45:12, December, 1953. D. ESSAYS AND ARTICLES IN COLLECTIONS Chapin, F. Stuart, J r . Urban Land Use Planning. Urbana: University of I l l i n o i s Press, 1965. F a i r , Gordon M. " P o l l u t i o n Abatement i n the Ruhr D i s t r i c t , " Comparisons In Resource Management. Baltimore: The Johns Hopkins University Press f o r Resources f o r the Future, Inc., 1961. Friedmann, J . , and W. Alonso (ed.). Regional Development and  Planning - A Reader. Cambridge: The M.I.T. Press, 1965. Hirsch, W.F. (ed.). Urban L i f e and Form. New York: Holt, Rinehart and Winston, Inc., 1963. Wolman, Abel. "Water P o l l u t i o n Abatement: The Nature of the U.S. Problem," Comparisons In Resource Management. Baltimore: The Johns Hopkins University Press f o r Resources f o r the Future, Inc., 1961. E. UNPUBLISHED MATERIAL 127 Shelley, M.J. "A C r i t i c a l Analysis Of The Water L e g i s l a t i o n Of B r i t i s h Columbia." Unpublished Master's thesis i n Business Administration, The University of B r i t i s h Col-umbia, Vancouver, 1957. APPENDIX POLLUTION-CONTROL ACT and REGULATIONS 129 PROVINCE OF BRITISH COLUMBIA P O L L U T I O N - C O N T R O L A C T (R.S.B.C. I960, CHAPTER 289; 1963, CHAPTER 42; 1965, CHAPTER 37) [Consolidated for convenience only, July 1, 1965.] a n d R E G U L A T I O N S [Consolidated for convenience only, July 1, 1965.] 130 I960 POLLUTION-CONTROL CHAP. 2 8 9 CHAPTER 289 TiUe. Interpre-tation. Pollution-' control Board. Procedure. Pollution-control Act [Consolidated for convenience only, July 1, 1965.] 1. This Act may be cited as the Pollution-control Act. 1956, c. 36, s.l. 2. In this Act, unless the context otherwise requires, ." Board " means the Pollution-control Board established under this Act; " effluent " means anything flowing in or out of a drain, sewer, out-fall, sewage-disposal system or works; " Engineer " means an engineer appointed under this Act; " Minister " means the Minister of Lands, Forests, and Water Resources; " municipality " means a village, town, city, or district municipality constituted under any Act, as well as an improvement district, a dyking, sewerage, and drainage district, and any special district constituted under any Act; " order " includes any decision or direction, whether given in writing or otherwise; " pollution " means anything done, or any result or condition existing, created, or likely to be created, affecting land or water which, in the opinion of the Board, is detrimental to health, sanitation, or the public interest; " prescribed " means prescribed by this Act or the regulations; " waters " includes all streams, lakes, ponds, inland waters, salt waters, watercourses, and all other surface and ground waters within the jurisdiction of the Province; ."works" includes drains, ditches, sewers, intercepting sewers, sewage treatment and disposal plants and works, pumping-stations, and other works necessary thereto, and outlets for carrying off, treating, and disposing of drainage and sewage, including industrial waste, and any other and all works, struc-tures, lands, and conveniences included and necessary to the completion of a sewerage or drainage system. 1956, c. 36, s. 2; 1965, c. 37, s. 2. 3. (1) There shall be a board to be known as the " Pollution-control Board," which shall consist of a Chairman and such other members as the Lieutenant-Governor in Council may from time to time determine. (2) The members shall be appointed by the Lieutenant-Governor in Council for such term or terms as the Lieutenant-Governor in Council may determine. (3) The Board may determine its own procedure and may elect an Acting-Chairman in the absence of the Chairman. 1956, c. 36, s. 3. 3645 131 CHAP. 2 8 9 POLLUTION-CONTROL 9 ELIZ. 2 Powers and duties of Board. VJIIJ:'-'^':;'. Penalty.' :vs-. Permits for discharge of sewage... , , . The Board has the following powers and duties:— (a) To determine what qualities and properties of water shall constitute a polluted condition: (b) To prescribe standards regarding the quality and character of the effluent which may be discharged into any of the waters '• within the area or areas under the jurisdiction of the Board: (c) To conduct tests and surveys to determine„ the extent of pollution of any waters within the area or areas under the jurisdiction of the Board: (d) r To examine into all existing or proposed means for the disposal ,. of sewage or other waste materials, or both, and to approve the plans and specifications for such works as are deemed . necessary to prevent pollution of the waters of the area or . areas:... (e) To notify all persons who discharge effluent into the said waters when the effluent fails to meet the prescribed standards: '(/) To order any person to increase the degree of treatment of the effluent or to alter the manner or point of discharge of the effluent being discharged by such person to bring the effluent up to the prescribed standards: (g) To order any person who fails to comply with an order issued under clause (/) to cease discharging effluent into any waters in the area as and from a day and time specified in the order: (h) To appoint such advisory or technical committees from time " ''' to time as may be deemed necessary to inform the Board with regard to whatever matters may be. referred by the Board, f .: 1956, c. 36, s. 4; 1965, c. 37, s. 3. 5. Every person is guilty of an offence against this Act and liable, on summary conviction, to a penalty not exceeding two hundred and : 'fifty dollars and, in default of payment, to imprisonment not exceeding twelve months who wilfully contravenes any provision of this Act or < any order of the Board, or neglects to do any act or thing required to be • ' done by the Board under this Act or under any order of the Board or •'Engineer. 1956, c. 36, s. 5; 1965, c. 37, s. 4. Q. [Repealed. 1965, c. 37, s. 5.] 7. (1) No person shall discharge sewage or other waste materials into the waters of the area or areas under the jurisdiction of the Board without a permit from the Board. .„-. (2) The Board shall not issue or amend a permit unless the appli-cant therefor has complied with the regulations and supplied whatever plans, specifications, and other information the Board requires. (3) Where application is made for a permit, the Board may ;.; (a) ..refuse to grant the permit; ,. -~ ' (£) .-'>.•••.'• o ,cl'(b) amend the application andgrant the permit;.-:'! f JO A 3646 132 1 9 6 0 • P O L L U T I O N - C O N T R O L C H A P . 2 8 9 (c) grant the permit in whole or in part upon such terms and conditions as the Board may prescribe; (d) require additional plans or other information prior to amend-ment of the application under clause {b) or refusal to grant the permit under clause (a) or granting the permit under clause (c); or (e) require the applicant to give security in the amount and form required by the Board, and may, in dealing with any application, exercise more than one of those powers. (4) Upon notice to all persons whose rights would be affected and after consideration of any objections filed and after notifying the ob-. jectors of its decision, the Board may amend any permit (a) to extend the time for the commencement of the construction . of the works; ^ (b) to extend the time fixed for the completion of the works; (c) to authorize additional other works than those previously authorized; (d) to correct any error in the permit; (e) to remove any provision of the permit that is inconsistent with this Act; (/) to extend the term of the permit; or (g) to transfer the permit to another person, or for more than one of those purposes. 1 9 5 6 , c. 3 6 , s. 7 ; 1 9 6 5 , c. 3 7 , s. 6 . S operation" Notwithstanding the provisions of section 7 , the Board may classify operations according to the type of sewage or waste materials being discharged or proposed to be discharged, or by the type of treat-ment proposed or undertaken, or by the volume of the discharge or proposed discharge, or any combination of these, and may, with the . approval of the Lieutenant-Governor in Council, exempt any class or . classes of operation so defined from the provisions of this Act, and may further make such exemptions applicable to a specific area or areas under the jurisdiction of the Board. 1 9 6 3 , c. 42, s. 1 7 . ftcgiofers' 8. (1) There may be made available to the Board by the Health ofeSeaithnt Branch of the Department of Health Services and Hospital Insurance such Hospitala"d e ngi n e e r s> inspectors, technicians, officers, clerks, and employees as are insurance. necessary for the administration of this Act. 1 9 5 6 , c. 3 6 , s. 8 . (2) Engineers, officers, clerks, and other employees necessary for : the purpose of this Act may be appointed in accordance' with the Civil Service Act. 1 9 5 6 , c. 3 6 , s. 8 ; 1 9 6 5 , c. 3 7 , s. 7 . o f T o a r d r a t i o n ®- ^ e me mb e r s of the Board shall be paid such remuneration as may be fixed by the Lieutenant-Governor in Council and such actual 3 6 4 7 133 CHAP. 2 8 9 POLLUTION-CONTROL 9 ELIZ. 2 Expenses of adminis- • tration. expenses as may be incurred by them in the discharge of their dutie*. 1956, c. 36, s. 9. 10. Any moneys required for the administration of this Act or for the carrying-out of the provisions of this Act shall, in the absence of any vote of the Legislative Assembly available therefor, be paid out of the Consolidated Revenue Fund. 1956, c. 36, s. 10. charge"with The Minister is charged. with the administration of this Act. adonis- 1956, c. 36, s. 11. Application.- 1 3 Notwithstanding the provisions of any other Act, this Act applies •;J", 'Jr. t o • <; (a) all the areas of land, contained within the boundaries of a municipality, draining, by natural or artificial means, into the Fraser River or its tributaries from the Village of Hope to ' :' v 1 the Strait of Georgia, or into Boundary Bay, or into the area • ' of the Strait of Georgia contained within a line drawn from the International Boundary-line at longitude 123° 15' to Halfmoon Bay, or into Burrard Inlet; (b) any area designated by Order of the Lieutenant-Governor in Council. 1956, c. 36, s. 12. ™endsct 1 3 A c t s n a 1 1 n o t b e deerr»ed contrary to the Health Act, the Health Act;-; Municipal Act, or the Water Act, but shall be considered an extension of such Acts for the public interest. 1956, c. 36, s. 13. E n S n e S e r f *n Edition to all other powers given under this Act and the • . regulations, every Engineer •:• . (a) may determine what constitutes pollution; :'!< (6) may enter at any time in and upon any land and premises to • • ' ; vi. • inspect, regulate, close, or lock any works; and (c) may order the repair, alteration, improvement, removal of or V I addition to any works. 1956, c. 36, s. 14; 1965, c. 37, s. 8. Appeal. 15, (1) Ah appeal lies "(o) from every order of an Engineer to the Board; and '. ' "(b) from every order of the Board to the Lieutenant-Governor in ' Council, who may delegate any member or members of the Executive Council of the Province to hear the appeal and pro-nounce a decision thereon for or on behalf of the Lieutenant-• Governor in Council; .and in this section the expression " appeal tribunal" means the Board, the Lieutenant-Governor in Council, or the member.or members of the Executive Council of the Province delegated to hear the appeal by the Lieutenant-Governor in Council, as the case may be, to whom the appeal is taken. .:••.-.••••.•'>!••<:•.:r • .! 1 •; 3648 134 I960 POLLUTION-CONTROL CHAP. 2 8 9 R i g h t o f i n g r e s s a n d e g r e s s . Objections. Inquiries. Approvals and certifi-cates under Health Act. Regulations. (2) Every appeal from an order of the Engineer shall be taken within fifteen days from the date of the order, and every appeal from an order of the Board shall be taken within thirty days from the date of the order. (3) The appellant under an appeal taken under this section shall give notice of the appeal as directed by the Engineer or by the Board from whose order the appeal is taken. (4) Before hearing an appeal, the appeal tribunal may require the appellant to deposit with the appeal tribunal such sum of money as the appeal tribunal considers sufficient to cover the probable expenses of the appeal tribunal and the respondent in connection with the appeal. (5) The appeal tribunal may, on any appeal, determine the matters involved and make any order that to the appeal tribunal appears just, and may dispose of any money deposited by the appellant pursuant to a requirement made under subsection (4). (6) No appeal shall act as a stay of execution. 1965, c. 37, s. 8. 16. The Board, every member thereof, and every Engineer has, for the discharge of duties and the exercise of rights, at all times a free right of ingress and egress upon, in, and over any land and premises. 1965, c. 37, s. 8. 17. (1) Any person whose rights would be affected by the granting of a permit may, within such time as may be prescribed in the regula-tions, file an objection thereto. (2) The Board shall decide, in its sole discretion, whether or not the objection will be the subject of a hearing, and shall notify the objector of its decision. (3) If the Board decides to hold a hearing, the applicant and ob-jectors are entitled to be notified of the time and place thereof and to be heard, and to be notified of the decision following the hearing. 1965, c. 37, s. 8. 18. Whenever it appears to the Board that the proper determination of any matter within its jurisdiction necessitates a public or other inquiry, the Board may hold an inquiry, and for that purpose the Chairman has all the powers and jurisdiction of a Justice of the Peace under the. Summary Convictions Act. 1965, c. 37, s. 8. 19. No plans, specifications, engineers' reports, estimates, informa-tion, or data shall be approved under section 24 of the Health Act, and no certificate shall be given under section 26 or 27 of the Health Act without the authority in writing of the Board. 1965, c. 37, s. 8. 20. For the purposes of carrying into effect the provisions of this Act according to their true intent or of supplying any deficiency therein, the Lieutenant-Governor in Council may make regulations not inconsis-tent with the spirit of this Act as are deemed necessary or advisable. 1965, c. 37, s. 8. . 3648-1 135 B.C.Reg. 159/59. POLLUTION-CONTROL REGULATIONS ' (Made and approved by Order in Council No. 719 on March 26, 1957, and amended by Orders in Council Nos. 1452/58 and 1033/63.) Interpretation 1. In these regulations " Chairman " means the Chairman of the Pollution-control Board; " domestic sewage " means the sewage discharging from a residential building and sewage of a like nature discharging from other buildings; " Secretary " means the Secretary of the Pollution-control Board; " land " includes any estate or interest in or easement over land; " point of discharge " means the place where effluent is to be discharged; " member " means a member of the Pollution-control Board; " post on the ground " means to place copies of the application at conspicuous places at or near the proposed point of discharge of the effluent; ..->.•" quantity to be discharged " means the quantity or rate of flow of effluent to be discharged; " type of effluent" means a description of the effluent in general terms based . on its origin, e.g., domestic sewage, cooling water, etc.; "characteristics of the effluent" means a description of the effluent in specific terms, such as biochemical oxygen demand, suspended solids, tempera-• ture, pH, and the like. ' • Acquisition of Permits under the Pollution-control Act 2. An applicant for a permit or his agent shall prepare and sign an application giving the following particulars:— (a) The applicant's name and address: . ; (b) The name or a clear description of the source of effluent: (c) The location of the point of discharge: (d) The type of effluent to be discharged: (e) The characteristics of the effluent to be discharged: (/) The quantity of effluent to be discharged: (g) The legal description of the land upon which the effluent originates: (h) The date on which the application was posted on the ground: (i) The place where the application is to be filed; and the application shall state that objections may be filed within thirty days of the first publication of the application. 3. The applicant shall (a) post on the ground near the point of discharge signed copies of the appli-cation; .. '. (b) within ten days of posting the application on the ground, file two signed copies thereof with the Secretary, which shall contain or have attached . thereto a plan showing the applicant's land, and the location of the pro-'•. .'.--.posed works; , ; . . . . . :'. (c) publish a copy of. the application in two newspapers as directed by the Secretary; (d) publish a copy of the application in one issue of The British Columbia • Gazette; .W;'.v 1 !;«•• '. rj\y,( ; 1 136 (e) furnish to the Secretary any information requested concerning the appli-cant's title to the land upon which the effluent originates, details of the proposed works, and the description of all lands on which it is proposed . to construct works, and any other matter the Secretary considers relevant. 4 . Any person may, within thirty days of the first publication of an application in a newspaper, file with the Secretary an objection in writing to the granting of the permit. 5 . Upon receipt of an application for a permit, the Secretary shall refer the application to the Health Branch of the Department of Health and Welfare for examination and recommendation. 6. Upon being satisfied that the pertinent technical information for review of the application is available, the Health Branch shall make recommendation to the Secretary concerning the application. 7 . The Secretary shall make available to the members of the Board applica-tions and the recommendations of the Health Branch at least ten days before the meeting set to deal with the application. 8. When, in the opinion of the Board, it is deemed advisable to inquire further into an application, the Board, or a committee of the Board appointed by the Chair-man, may inquire into such application, and may hold such public hearings or inquiries as may be required. 9 . The Board may incorporate into any permit such special conditions as may be considered desirable in the public interest. 1 0 . All discharges of sewage and other waste materials are classified as follows:-— Class A: All discharges of domestic sewage where the flow is less than 5 , 0 0 0 gallons per day. Class B: All other discharges of sewage or other waste material. 1 1 . No person is required to obtain a permit from the Pollution-control Board to discharge Class A wastes. B.C. Reg. 7 8 / 6 4 . POLLUTION-CONTROL ACT O R D E R I N C O U N C I L No. 6 4 3 , A P P R O V E D M A R C H 1 4 , 1 9 6 1 , E X T E N D I N G A R E A T O W H I C H A C T A P P L I E S That, under clause {b) of section 1 2 of the Pollution-control Act, being chapter 2 8 9 of the Revised Statutes of British Columbia, I960, the said Act shall apply to the further areas described as " all the areas of land situated in the Province of British Columbia draining into the Columbia River and its tributaries and the tributaries thereto, including the watersheds of the Similkameen River, the Okanagan River, the Kettle River, the main stem of the Columbia River, the Pend d'Oreille River, and the Kootenay River ": , ; And that this Order be effective April 1, 1 9 6 1 . 2 137 B.C. Reg. 79/64. POLLUTION-CONTROL ACT ORDER IN COUNCIL NO. 2995, APPROVED DECEMBER 6, 1962, AS AMENDED BY ORDER IN COUNCIL NO. 3049/62, EXTENDING AREA TO WHICH ACT APPLIES That, under clause (b) of section 12 of the Pollution-control Act, being chapter 289 of the Revised Statutes of British Columbia, 1960, the said Act shall apply to the further areas described as follows:— 1. All the areas of land situated in the Province of British Columbia draining into the Fraser River and its tributaries and the tributaries thereto, excluding thereout the areas already described in clause (a) of section 12 of the said chapter 289 of the Revised Statutes of British Columbia, 1960. 2. All those areas of Vancouver Island lying within the boundaries of the Esquimalt and Nanaimo land grant, together with those parts thereof lying within Otter, Sooke, Goldstream, Metchosin, Esquimalt, Victoria, Highland, Lake, South Saanich, North Saanich, and Sayward Land Districts and those waters of Johnstone Strait and the Strait of Georgia lying east of 126 degrees west longitude. Printed by A. SUTTON, Printer to the Queen's Most Excellent Majesty in right of the Province of British Columbia. 1965 lM-«65-5727 3 

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