Compendium of Position Papers
A Four Agency Framework of
Roles and Responsibilities for
Implementation of the
Detroit River, St. Clair River
and St. Marys River
Areas of Concern
Shared Remedial Action Plans
Feb. 2, 2000
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Preface
The Great Lakes Water Quality Agreements (GLWQA) of 1972 and 1978 committed the
governments of Canada and the United States to restore and enhance water quality in
the Great Lakes System. The signing of the Amendments to the 1987 Protocol to the
GLWQA further committed the governments of Canada and the United States to
development and implementation of Remedial Action Plans (RAPs) for Areas of
Concern (AOCs) in the Great Lakes. Three of these AOCs lie within rivers that act as
shared natural boundaries between Canada and the United States, Ontario and
Michigan - the Detroit River, St. Clair River and St. Marys River.
The United States and Canada have pledged their cooperation to restore these shared
upper connecting channel AOCs under the terms of the GLWQA. A Four Agency Letter
of Commitment was signed on April 17, 1998, by Environment Canada, Michigan
Department of Environmental Quality, Ontario Ministry of the Environment, and the
United States Environmental Protection Agency.
The letter identifies roles and responsibilities of the Four Agencies for the three shared
AOCs, details commitments and strategies and highlights the importance of leadership.
The Four Agencies will demonstrate their leadership through visibility, by empowering
local leadership, by contributing to and facilitating implementation activities, by
recognizing successes, by actively pursuing solutions to problems, by helping to define
research needs and gaps and by facilitating the transfer of information and
methodologies.
The Four Agencies have developed the following position papers to explain how
commitments made under the Letter of Commitment and the GLWQA will be applied to
the shared AOCs. This compendium contains the 1998 Four Agency Letter of
Commitment, the position papers, and the appendices.
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Table of Contents
Preface Page 1
1. Administration Page 3
2. Binational Delisting Page 7
3. Public Involvement and Outreach Page 12
4. Progress Reporting Page 15
Appendix 1 - Four Agency Letter of Commitment Page 19
Appendix 2 - Working Group Contacts Page 23
Appendix 3 - Dispute Resolution Page 24
Appendix 4 - Local Remedial Action Plan Structures Page 28
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1. Administration
l.cllcr of ( o in mi imciil References
I.I I ho Ioni- Agencies reco»ni/c lliiil ciicli h;is responsibilities lo suppori cftimiiiliiiciils inside in the (il.WQA
¦is well :is responsibilities under its respccli\c rc^ulsilon s\s(em which ciicli Agencj will continue lo sidherc
lo.
1.2 I lie l-'our Agencies reco»ni/e (lie need lo coopcrsile lo sichic\c (lie jiosils oullincd in c.icli shsircd AOC ;is
well :is (lie need lor csicli Agencj lo accomplish (his through llieir indi\ idiiiil dislincli\c forms of ;io\ eminent,
inslilulioiiiil ;ii*r;niviemeii(s. ;ind iipproiiches lo KAP de\clopiiien( ;ind implemenliilion.
1.3 I lie roles iind responsihililies oil he lour Agencies defined in lliis l.cllcr of Commitment will sippl> lo ;ill
shsircd AOCs.
1.4 Csinsidisin Agencies sire lo hsi\c (lie primsin responsibility lor llie ;i«lininisir;ilion of the shiired sidi\ ilies
lor (lie Si. Miins ;ind Si. Cliiir KAPs. iind (lie I .S. Agencies sire lo hsi\c (lie primsin responsibility lor (lie
;i«l in in isl r;i lion of (lie shiired sicli\ ilies lor I he Del roil Ki\cr RAP.
1.5 The l-'our Agencies inlend lo identify si conl;icl/li;iison lor esicli of (lie shiired AOCs.
I.(» The l-'our Agencies reco^ni/e lliiil piirl of (lie shiired siccounlsibilily is lo promote KAP implemenliilion
iind lo pcrsiiiidc oilier implemenlers lo underliike remediiil work w iiliin (lie iippropriiilc jurisdiction.
I."7 I lie l-'our Agencies iire com mil led lo fsicililsiliii!£ de\elopmenl of implemenliilion mecliiinisms for (lie
shiired AOCs with locnI sliikeholders iind (lie public. Il is rcco»ni/cd lliiil (lie l-'our Agencies msiy contribute
funds or oilier resources. scpsirsilcly or w iiliin p:irlnerships. in suppori of ilicsc mecliiinisms iind lliiil lliese
implemenliilion mecliiinisms msiy lie different for encli shiired AOC.
Introduction
The following administrative roles and responsibilities structure provides a mechanism
for cooperation between Canada and the United States, while recognizing the national,
provincial and state regulatory systems already in place.
Individual agencies will focus their existing and new programs and resources to
restore the shared Areas of Concern (AOCs) and will encourage other organizations
to do likewise.
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To achieve the goals outlined in each shared AOC, the Four Agencies will cooperate
on issues such as:
> data sharing and consistency
> promoting standardization of environmental criteria
> binational delisting criteria
> monitoring
> public involvement
> research
> reporting progress
> pooling resources
To facilitate cooperation, the Four Agencies establish the following new committees
under the Letter of Commitment, and agree to staff these committees at the
appropriate level.
Four Agency Letter of Commitment Structure
1. Four Agency Management Committee - This umbrella committee oversees the
shared AOCs. The membership consists of senior representatives from each of
the Four Agencies. Their charge is to ensure that these RAPs proceed in a
timely, consistent manner and that binational tasks are completed.
2. Working Group - This group ensures that technical issues are addressed,
mediates disputes, coordinates state, provincial and federal resources among the
shared AOCs and ensures that progress reports are issued in a timely manner.
The Working Group is not responsible for writing the progress reports.
Membership consists of representatives from each of the Four Agencies.
3. Ad-Hoc Technical Teams - Teams of technical experts will be called as needed
by the Four Agencies to resolve technical issues and to review RAP documents.
The roles and responsibilities of the Four Agencies defined in the Letter of
Commitment will apply to all shared AOCs.
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Working in conjunction with stakeholders, the lead agencies will be primarily
responsible for activities such as:
> preparation, printing, and distribution of Progress Reports
> support for and convening the biennial meeting
> binational communication
> binational public involvement and outreach
> coordinating development and review of binational delisting criteria
> coordinating and facilitating monitoring to track progress toward delisting
The agency contact will be the working group member for the shared AOCs. See
Appendix 2.
The Four Agencies will promote RAP implementation by applying their individual
programs and encourage others to do the same by:
> advocacy within respective jurisdictions
> visibility
> leadership by example
> innovative partnerships
> creative funding
> providing information to and involving elected officials
> promoting multi-media environmental restoration
> researching and promoting socio-economic/environmental benefits of
remediation
The Four Agencies are committed to facilitating development of implementation
mechanisms for the shared AOCs with local stakeholders and the public. The Four
Agencies may contribute funds or other resources, separately or within partnerships,
in support of these mechanisms and these implementation mechanisms may be
different for each shared AOC.
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Local RAP Implementation Structures
Public and stakeholder involvement is an integral part of local RAP structures.
These action oriented local structures have been or will be developed for each of the
shared AOCs and are presented in Appendix 4. Responsibilities include:
> coordinating and facilitating RAP implementation
> establishing priorities
> seeking funding
> developing partnerships
> serving as a vehicle for public and stakeholder activities
> conducting necessary studies
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2. Binational Delisting
l.ollor of ( cim in il men I References
2.1 The l-'our Agencies h;i\c responsibility lo coordinate continued dc\clopmcnl iiiul re\ic\\ of nic;isiir;ihle
iiiid ;ichic\;il)lc delisting crilcrhi :ind will ensure (lie process used lo do clop I hose crilcrhi in\ol\cs (lie public
iind stakeholders.
2.2 I ho l-onr Agencies intend (o dc\clop ;i process for delisting slimed AOCs. recognizing differences in e.icli
of (lie \()( s in iniploiiHMiliilion of (his process.
2.3 I'lic I'd in- Agencies rcco^ni/c (lie need lo coordin;iic ;ind l';icili(;i(c iiioiiiiorin^ iind siir\cill;incc efforts lo
li'iick progress lowiirds delisting.
Introduction
The Four Agencies will coordinate a binational delisting process and will coordinate and
facilitate monitoring efforts to track progress toward delisting. The Four Agencies will
also oversee the peer review of the redesignation of beneficial uses and delisting of an
Area of Concern (AOC) to ensure the process is credible and scientifically defensible.
Delisting Criteria
"The Parties shall cooperate with State and Provincial Governments to classify Areas of
Concern by their stage of restoration progressing from the definition of the problems
and causes, through the selection of remedial measures, to the implementation of
remedial programs, the monitoring of recovery, and, when identified beneficial uses are
no longer impaired and the area restored, the removal of its designation as an Area of
Concern." [GLWQA, Annex 2, 4.(c)] Delisting criteria are benchmarks used to assess
the progress toward restoration of use impairments.
The Four Agency Working Group will oversee the continuing development of delisting
criteria and setting of interim restoration targets. Once delisting criteria have been
approved for an AOC, the Four Agency Working Group will periodically review and
evaluate the validity and achievability of the delisting criteria through internal and
external peer review. Development and review of delisting criteria will be done in
consultation with the public and stakeholders.
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The following principles are to be applied in the development and evaluation of these
criteria:
Delisting criteria should be developed and periodically reviewed on a site specific
basis by the respective federal, state, and provincial agencies, in conjunction with
the public and stakeholders.
Delisting criteria should be premised on:
> locally defined usage goals and related environmental objectives for the water
body containing the AOC
> applicable federal, provincial or state regulations, objectives, guidelines,
standards and policies
> the principles and objectives embodied in Annex 2 and supporting parts of the
GLWQA
Delisting criteria should be based on measurable indicators (e.g., numeric
concentrations of a particular pollutant within the AOC) wherever possible.
Delisting of a particular impairment in an AOC can occur if it can be demonstrated
that the impairment is not solely local geographic extent, but is typical of lake wide
conditions. Such delisting would be contingent on evidence that sources within the
AOC are controlled.
Delisting of a particular impairment can also occur when it is demonstrated that the
impairment is due to natural rather than human causes (to be clarified with the IJC in
the context of the GLWQA Annex 2 Review).
Process for Redesignation of Beneficial Use(s)
1. Recommendation for Redesignation -The local Remedial Action Plan (RAP)
implementation committee(s) recommends a change of status. It should be
accompanied by documentation and data to substantiate that the status of a
beneficial use be redesignated.
2. Peer Review - The Four Agency Working Group designates a Technical Review
Team to review the request. This Technical Review Team shall be composed of
experts not directly involved in the RAP that is being examined, and may include
non-Agency experts or others, as the Four Agencies deem appropriate. The
respective lead national, provincial or state agencies will convene a review
meeting, at which the local implementation committee presents the request for
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redesignation with supporting data and documentation to the Technical Review
Team. This meeting shall be open to members of the local RAP committee(s)
and to the general public. This review meeting is intended to be an informal
session to allow the experts and the public to exchange information and ask
clarifying questions. The review team may need additional information and may
not necessarily come to a decision on the recommendation by the end of the
meeting. The Technical Review Team provides their recommendation to the
Four Party Management Team.
3. Decision by Management Team - The Four Agency Management Team issues a
decision on whether to support the recommendation within a reasonable time
frame.
> If the Four Agency Management Team supports the recommendation, they
will send an official statement of concurrence to the local RAP implementation
committee and the Regional Office of the International Joint Commission
(IJC).
> If the Four Agency Management Team does not support the recommendation
or needs more information, it will formally respond to the local implementation
committee and remand the documentation to the Four Agency Working
Group. The Working Group will then resolve any remaining issue(s) on the
documentation with the local RAP implementation committee (which may
include informal Dispute Resolution).
4. Celebration of Achievement - The local RAP implementation group who initiated
the request should then issue a notice of the restoration of beneficial use(s) (if
delisting a previously impaired beneficial use) and acknowledge this milestone in
conjunction with the Four Agencies. The Four Agencies will also issue similar
notices and highlight this achievement.
Process for Delisting an Area of Concern
The ultimate goal for a RAP is to restore and protect beneficial uses in an AOC.
Delisting of an AOC would occur when all the individual delisting targets/criteria have
been met.
The GLWQA states that the Parties "in cooperation.. .with the Commission shall
designate Areas of Concern." The "Four Parties" interpret the term "cooperate" to mean
that the parties, while ultimately responsible for listing (and delisting), will seek input
from the International Joint Commission (IJC) on any recommendation to delist an AOC.
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A final RAP Report would be produced and submitted to the IJC for review and
comment when "monitoring indicates that identified beneficial uses have been restored
based on., .an evaluation of remedial measure implementation and effectiveness; and
the surveillance and monitoring process. ..(that has) track(ed) the effectiveness of the
measures and the confirmation of the restoration of uses" [GLWQA Annex 2, 4.(d)(iii)].
The process for delisting an AOC will be initiated by the local implementation committee
when all the delisting criteria have been met. The Four Agencies will then oversee the
preparation of a Final RAP Report and coordinate the delisting process. The following
steps will be undertaken to delist an AOC:
1. Recommendation for Delisting - The Lead Agencies and the local RAP
implementation committee(s), working in consultation with the public and
stakeholders, submit a recommendation to delist an AOC and a Draft Final RAP
Report to the Four Agency Working Group.
2. Four Agency Review - The Four Agency Working Group coordinates review of
draft final RAP Report, including content and policy review, technical review and
informal consultation with IJC staff. Working with the local RAP implementation
committee(s), the Working Group will also be responsible for identifying
additional data needs, resolving policy issues, and overseeing revisions to the
report.
3. Public Consultation - The local RAP implementation committee in consultation
with the Working Group then formally presents the Revised Final RAP Report for
review and comment to the public and stakeholders. After considering
comments, the Lead Agencies in consultation with the local RAP implementation
committee(s) prepares the Final RAP Report.
4. IJC Great Lakes Office Consultation - The Four Agency Management Committee
consults with the Director of the IJC Great Lakes Regional Office on the final
RAP Report and the recommendation to delist.
5. Four Agency Approval - The Four Agencies send letters recommending the AOC
delisting to the United States State Department and the Canadian Department of
Foreign Affairs.
6. IJC Input - The final RAP report is transmitted by the offices of the United States
Secretary of State and the Canadian Minister of Foreign Affairs to the IJC for
review and comment.
7. Delisting - The United States Secretary of State and the Canadian Minister of
Foreign Affairs officially remove the affected water body from the list of AOCs.
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Monitoring
The Four Agencies will coordinate and facilitate monitoring efforts to establish baseline
conditions and track progress toward the restoration of beneficial uses. The Four
Agencies will work with the local RAP implementation committees to develop a
Monitoring Plan for each AOC. For the St. Clair and Detroit Rivers the goal of the Four
Agency Working Group will be to explore the feasibility of developing a coordinated
monitoring program for the "Lake Huron to Lake Erie corridor", building on existing
efforts.
The Four Agencies will identify and coordinate monitoring programs to maximize
consistency and effectiveness. These programs should include, but are not limited to:
permit monitoring, utility and municipality monitoring, supplemental monitoring obtained
through legal settlements, and environmental quality monitoring conducted by citizens,
industry, government agencies and academic institutions.
Monitoring Plans for each AOC will be developed in accordance with the schedule of
the initial Progress Reports. They will be updated as part of future Progress Reports.
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3. Public Involvement and Outreach
Letter of ( cim in il men I References
3.1 The l-'our Agencies hii\e collcc(i\c responsibility to ensure puhlic iind stakeholder in\ol\enieiil is .in
iiKciiiiil |):ii'l of (lie RAP process.
3.2 Tin* l-'our Agencies iire committed lo hiking leadership lor eelehr;ilion of implcmcnliilion successes,
including lorniiil recognition of (lie conlrihnlion lowiirds impleiiienl;ilion h\ \oliinlccrs or specific
iniplenienloi's.
I."7 The l our Agencies arc coniniiiied lo fiicililiilin^ development of iniplenienliilion niechiinisnis lor llie
shiiivd AOCs willi loc;il sliikeholdei's iind (lie puhlic. Il is rcco»ni/cd lh;il (lie l-'onr Agencies m;i\ contribute
I'ulids or oilier resources. scpiii'iilcl> or w illiin pnrlnerships. in support of these niechiinisnis iind lh;il these
iniplenienliilion nieehiinisnis m;i\ he dilTercnl for ciicli sh;ired \()( .
2.1 The l-'our Agencies h;i\e responsibility lo eooi'dinnie eoniiniied dc\clopiiicn( iiiul rc\iew ol° nie;isur;il)le
iind ;ichic\;il)lc delisting cri(eri;i iind will ensure (lie process used lo de\elop these cri(eri;i in\ol\es the public
iind sliikeholdei's.
4.1 The l-'our Agencies in lend to dc\clop one loriiiiil for reporting progress lo hotli l he lnlern;ilion;il .loint
( ominission iind the public hicnniiill>. These Progress Reports. developed in conjunction with lociil
sliikeholdei's. iire lo be submitted jointly b\ (he l-'our Agencies upon ii^reenienl lo their contents. The locus of
the Progress Reports will be lo rel'lccl progress in iniplenienliilion. npdiilc leehniciil iiiforiii;i(ion. iissess
progress lowiirds ;ichic\inji the delisting crileriii. ;is well iis hi^hli^lKinii progress lowiirds ;ichic\ in*i priorities
defined l)\ prc\ious reports.
5.1 I lie l-'our Agencies rcco»ni/c lliiil their leadership will be iin iniporliinl fiielor in the cle;inup of (lie
shiircd AOCs. l-'our Agene* leadership is lo be demonstrated l)\ \isibilil\. In empowering lociil leadership.
In contributing lo iind fiicililiilin^ iniplenienliilion iicli\ ilies. In ivcogni/ing successes. In ;ic(i\cl\ pursuing
solutions lo problems. In helping lo define reseiirch needs iind iiiips iind In fiicililiilin^ the transfer of
inforniiilion iind methodologies.
Introduction
This Issue Paper addresses public involvement and outreach as an integral part of the
Remedial Action Plan (RAP) process in Areas of Concern (AOCs).
The public and stakeholders are an integral part of the RAP process. Their participation
validates the concepts of environmental protection and restoration through activities
demonstrating the community concern for those goals. The agencies will support local,
national, and international actions through grants and in-kind participation. Those
activities are intended to:
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maintain public interest in and awareness of local environmental quality issues
through public involvement strategies
provide a continuing basis for broader community support for RAP implementation
facilitate funding and partnership opportunities to restore AOCs
In order to support and promote the public involvement and outreach efforts of local
implementers and implementation committees, the Four Agencies will provide financial
and in-kind support for the following core binational public involvement activities:
1. Biennial Reports: At least one for each AOC, as described in the Progress
Reporting Position Paper.
2. Biennial Meeting: A biennial meeting in each AOC to coincide with release of the
Biennial Report. The target audience is implementors and decision-makers. The
meeting will be advertised to the public. Objectives of the meeting are to:
> report on accomplishments and environmental progress
> heighten public awareness and support of RAP implementation and issues
> identify priority projects and funding opportunities
> recognize volunteers and implementors
> facilitate information sharing and coordination of activities
> acclaim successes
3. Technical reports: Prepared for each AOC. However, any technical report with
scholarly language will have a companion document or executive summary
containing the same information in plain language.
4. Electronic information sharing: Current information about the shared AOCs will
be maintained on the Great Lakes Information Network (GLIN) and the Great
Lakes Information Management Resource (GLIMR). All public documents,
RAPs, and Biennial Reports will be available on line. List serves and electronic
bulletin boards will be developed to facilitate information sharing.
5. Workshops: The Four Agencies will involve the public and stakeholders in
development and periodic review of delisting criteria or other relevant subjects as
agreed upon.
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6. Fact sheets, news releases and periodic updates: The Four Agencies will
collaborate and provide financial and in-kind support for creating and distributing
fact sheets, technical reports, news releases, and other periodic updates on
activities.
Other Activities
In addition to the above, the Four Agencies on an AOC-specific basis may provide
support for other public involvement activities such as:
education programs
tours of AOCs
displays
forums or workshops on specific topics
The Four Agencies will ensure that stakeholders are engaged in the process, in
partnership with community organizations, and recognize the accomplishments of
volunteers and implementers through certificates or awards as well as news releases
citing achievements.
A recognition ceremony will be held at the biennial meeting during which volunteers and
implementers will receive acknowledgments for outstanding accomplishments.
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4. Progress Reporting
l.cllcr of ( cim in il men I References
4.1 The l-'our Agencies inloml lo de\elop one form;il lor reporting progress lo hoih (lie lnlcrn;ilion;il .loin(
C'0111 mission ;ind (lie public hicnni;ill>. These Progress Reports. de\ eloped in conjunction with loc
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1. AOC Status
This section relays the current status of the RAP in a visual format such as charts
or graphs. The use of visual aids will provide a quick reference guide to progress
on implementation of cleanup actions and the status of restoration of beneficial
uses as compared to the previous reporting period.
2. Highlights - Overview - Executive Summary
This section serves as an opportunity to flag major developments, issues, trends,
events, benchmark reports, restoration, or near restoration, of a given beneficial
use. This section should also include overview comments for a given sector
(e.g., industrial abatement in an AOC proceeding faster than expected). The
primary function of this section is to encapsulate the RAPs current status and
progress.
3. Progress On Implementation
This section should report on tangible implementation, organized by major
subject area (e.g., issue based or activity based). The report should contain
information on progress, next steps, an implementation outlook for each subject
area, and maps locating each action in the AOC.
4. Progress On Restoration
The intent of this section is to go beyond simple reporting of monitoring actions or
data. The report should contain summaries of monitoring results, identify trends
if present, and indicate progress toward restoring individual impaired uses and
achieving delisting criteria. This section also provides the opportunity to
demonstrate incremental progress.
5. Schedule and Implementation Outlook
This section provides the opportunity to flag major forthcoming events, timing of
cleanup activities and other priorities. The information should be summarized in
a time line format.
6. Public Involvement and Outreach
This section highlights public involvement and outreach activities that occurred
during the reporting period.
7. Other Activities
This section provides the opportunity to flag activities not included above but still
of importance. For example, such activities include community volunteer cleanup
days, activities by groups not affiliated with the local RAP implementation
structure, etc.
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Authorship and Audience
Working in conjunction with other stakeholders, the lead agencies will have overall
responsibility for preparation, printing, and distribution of biennial Progress Reports.
Individual multi-stakeholder RAP Implementation Teams/Committees will play a
significant role in report preparation. The Four Agency Working Group will be
responsible for coordinating review of the Progress Report, including circulating the
Report for review, responding to comments, and then forward it to the Four Agency
Management Team for final approval and transmission to the IJC and the public.
The target audiences for the report are the local stakeholders involved in RAP
implementation.
Cost
The Four Agencies will provide financial assistance and in-kind support to assist in
report preparation and communication and dissemination with a greater share of
support provided by the designated lead agencies for each AOC. To minimize
additional work, the format intentionally borrows heavily from the current reporting styles
for RAPs used by Canada-Ontario and the Michigan RAP strategy.
Frequency and Timing
The parties must report at least biennially and can report more frequently if desired.
The schedule for completion of the first progress reports is as follows:
Detroit River Spring 2000
St. Clair River Fall 2000
St. Marys River Fall 2001
Subsequent reports will be issued every two years to coincide with either State of the
Lakes Ecosystem Conference (SOLEC) or the IJC biennial meeting. The Working
Group will monitor document production schedules and take steps to ensure the
schedules are met.
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Electronic Reports
The Four Agencies will ensure that the Biennial RAP related reports are posted
electronically on web sites such as the Great Lakes Information Network (GLIN) and the
Great Lakes Information Management Resource (GLIMR), and will develop list serves
and electronic bulletin boards to stimulate AOC related discussions. In addition, a
limited number of printed copies will be made available by the designated lead
agencies. These sites will be updated annually and more frequently if necessary.
Reports posted electronically will include hyperlinks for program and contact
information, data sources and related sites. Electronic reports should also contain
provisions to accept comments electronically in order to facilitate feedback on the
reports.
Final RAP Report
When delisting criteria have been met, a final RAP report will be prepared which
summarizes the strategy implemented to restore beneficial uses and to meet locally
defined water quality goals in the AOC. The Report should also reference previous
Biennial Reports and include a list of publications and actions that demonstrate
completion of Stages 1, 2 and 3 of the RAP process detailed in Annex 2 of the Great
Lakes Water Quality Agreement. The core of the document should focus on evidence
that demonstrates delisting criteria have been met. The report should include a Four
Agencies commitment for environmental monitoring to ensure environmental quality is
being maintained.
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Appendix 1
Four Agency Letter of Commitment
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¦
LETTER OF COMMITMENT
A FOUR AGENCY FRAMEWORK OF ROLES AND RESPONSIBILITIES
FOR THE IMPLEMENTATION OF THE DETROIT RIVER, ST. CLAIR RIVER AND
ST. MARYS RIVER SHARED REMEDIAL ACTION PLANS
1 - WHEREAS the governments of Canada and the United States entered into the Great Lakes
Water Quality Agreements of 1972 and 1978 (herein referred to as the GLWQA) and reaffirmed
their determination to restore and enhance water quality in the Great Lakes System with the
signing of amendments as proclaimed in the 1987 Protocol to the GLWQA which, among other
things, commits Canada and the United States, in cooperation with other jurisdictions, to
undertake the development and implementation of Remedial Action Plans (RAPs) for Areas of
Concern (AOCs);
2 - AND WHEREAS in accordance with Part 1 of the Canada Water Act, Canada and Ontario
entered into an Agreement Respecting Great Lakes Water Quality in 1971 and renewed in
1976, 1982, 1986 and 1994 in order to implement the GLWQA and for which specific targets
were agreed to for Canadian and shared RAPs;
3 - AND WHEREAS the United States Federal government and the State of Michigan have
defined roles for the development and implementation of RAPs under the 1972 Clean Water
Act, as amended by the Great Lakes Critical Programs Act of 1990, in support of the goals
agreed to under the GLWQA;
4 - AND WHEREAS the State of Michigan and the Province of Ontario, under a 1985 Letter of
Intent, committed to leadership roles for the development but not the implementation of RAPs
for three of the binational rivers: the Detroit River, the St. Clair River, and the St. Marys River
(hereinafter referred to as the shared AOCs);
5 - AND WHEREAS Environment Canada, the Ontario Ministry of Environment, the United
States Environmental Protection Agency, and the Michigan Department of Environmental
Quality (herein referred to as the Four Agencies) are all committed to the restoration of the
shared AOCs and to ensuring stakeholder and public involvement;
THEREFORE the Four Agencies, recognizing the mutual benefits of cooperating on matters of
binational interest, recognizing that restoration of the boundary waters cannot be achieved
independently by any one Agency and recognizing that each of the Four Agencies is
accountable to their citizens for continued environmental improvement and protection, herein
intend to implement the following roles and responsibilities:
1. Administration:
1.1 The Four Agencies recognize that each has responsibilities to support commitments made
in the GLWQA as well as responsibilities under its respective regulatory system which each
Agency will continue to adhere to.
Environment Environnement /J2L1
¦ Canada Canada Ii
Ontario
Ministry of the Environment MICHIGAN
Minister* de I'Environncmcnt Department of Environmental Quality
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1.2 The Four Agencies recognize the need to cooperate to achieve the goals outlined in each
shared AOC as well as the need for each Agency to accomplish this through their individual
distinctive forms of government, institutional arrangements, and approaches to RAP
development and implementation.
1.3 The roles and responsibilities of the Four Agencies defined in this Letter of Commitment
will apply to all shared AOCs.
1.4 Canadian Agencies are to have the primary responsibility for the administration of the
shared activities for the St. Marys and St.Clair RAPs, and the U.S. Agencies are to have the
primary responsibility for the administration of the shared activities for the Detroit River RAP.
1.5 The Four Agencies intend to identify a contact/liaison for each of the shared AOCs.
1.6 The Four Agencies recognize that part of the shared accountability is to promote RAP
implementation and to persuade other implementors to undertake remedial work within the
appropriate jurisdiction.
1.7 The Four Agencies are committed to facilitating development of implementation
mechanisms for the shared AOCs with local stakeholders and the public. It is recognized that
the Four Agencies may contribute funds or other resources, separately or within partnerships, in
support of these mechanisms and that these implementation mechanisms may be different for
each shared AOC.
2. Binational Delisting:
2.1 The Four Agencies have responsibility to coordinate continued development and review of
measurable and achievable delisting criteria and will ensure the process used to develop these
criteria involves the public and stakeholders.
2.2 The Four Agencies intend to develop a process for delisting shared AOCs recognizing
differences in each of the AOCs in implementation of this process.
2.3 The Four Agencies recognize the need to coordinate and facilitate monitoring and
surveillance efforts to track progress towards delisting.
3. Public Involvement and Outreach:
3.1 The Four Agencies have collective responsibility to ensure public and stakeholder
involvement is an integral part of the RAP process.
3.2 The Four Agencies are committed to taking leadership for celebration of implementation
successes, including formal recognition of the contribution towards implementation by
volunteers or specific implementors.
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9
4. Progress Reporting:
4.1 The Four Agencies intend to develop one format for reporting progress to both the
International Joint Commission and the public biennially. These Progress Reports, developed
in conjunction with local stakeholders, are to be submitted jointly by the Four Agencies upon
agreement to their contents. The focus of the Progress Reports will be to reflect progress in
implementation, update technical information, assess progress towards achieving the delisting
criteria, as well as highlighting progress towards achieving priorities defined by previous reports.
5. Leadership:
5.1. The Four Agencies recognize that their leadership will be an important factor in the cleanup
of the shared AOCs. Four Agency leadership is to be demonstrated by visibility, by
empowering local leadership, by contributing to and facilitating implementation activities, by
recognizing successes, by actively pursuing solutions to problems, by helping to define
research needs and gaps and by facilitating the transfer of information and methodologies.
5.2 The Four Agencies acknowledge that, as defined in the GLWQA, the Federal Governments
have committed to cooperate with State and Provincial Governments in the development and
implementation of RAPs.
6. Commitment:
6.1 This Letter of Commitment reflects the firm commitment of the Four Agencies to implement
the above-mentioned actions, without giving rise to legal obligations on the governments or on
the public.
7. Endorsement:
We the undersigned hereby accept the terms of this Letter of Commitment, signed at Windsor,
Ontario, Canada this 17th day of April 1998:
For the ignited Slates EnvironmamtaJJ
ProtepojT^geno<7 s //;/?/7 -y
For Envtrdhment Canada
For Ontario Ministry of the Environment
For the Michigan Department of
Environmental Quality
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Appendix 2
Working Group Contacts
The following are the designated members of the Working Group. These individuals will
serve as the initial point of contact for the Four Agency Letter of Commitment on the
shared Remedial Action Plans (RAPs) and for any questions or comments related to the
position papers.
Environment Canada
Rimi Kalinauskas
Restoration Programs Division
Environment Canada, Ontario Region
4905 Dufferin Street
Downsview, Ontario M3H 5T4
(416) 739-5836
rimi.kalinauskas@ec.gc.ca
Ontario Ministry of the Environment
Michael Moroney
Ontario Ministry of the Environment
Sarnia District Office
1094 London Road
Sarnia, Ontario N7S 1P1
(519) 336-4030
moronemi@ene.gov.on.ca
United States Environmental
Protection Agency
Allen Melcer
U.S. EPA (WU-16J)
Underground Injection Control Branch
77 W. Jackson Blvd.
Chicago, IL 60604
(312)886-1498
melcer.allen@epa.gov
Michigan Department of
Environmental Quality
Richard Hobrla
Michigan Department of Environmental
Quality
Surface Water Quality Division
P.O. Box 30273
Lansing, Michigan 48933
517-335-4173
hobrlar@state. m i. us
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Appendix 3
Dispute Resolution
Introduction
The Four Agencies will do their utmost to cooperate to restore the shared Areas of
Concern (AOCs). However, disputes between the Agencies or between parties
involved in the shared Remedial Action Plans (RAPs) may occur. In order to ensure
that disputes are settled rapidly, consistently, and in the fairest manner possible, the
following procedures have been developed. This process is intended to be both simple
and flexible.
The dispute resolution process is not intended to replace consensus-based decision
making and/or conflict resolution tools at the disposal of local implementation
committees including committee procedural process, neutral facilitation, vote by
committee, or other tools. The Working Group is available to informally assist RAP
participants in resolving disputes. The following formal arbitration process should be
invoked only after all attempts to resolve a dispute have been exhausted.
Dispute Resolution Process
The Working Group will be responsible for facilitating resolution of disputes that may
arise between RAP participants, including:
1. The federal, provincial, and state governments
2. Ad hoc committees
3. RAP Implementation Groups
These procedures apply only to disputes concerning the scope, content or
implementation of the shared RAPs.
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Format of a Notice of Dispute
A group initiates the dispute resolution procedures by submitting a formal Notice of
Dispute to the Working Group and to the other party(ies) in dispute. The Notice of
Dispute should be limited to two pages in length if possible. The format of the Notice of
Dispute consists of the following elements:
1. name of the group initiating the dispute resolution process
2. other party(ies) to the dispute
3. nature of the dispute
4. a statement of position
5. brief technical and legal support for the stated position
6. actions taken to resolve the dispute
Dispute Arbitration Procedures
1. The disputing parties shall first make all reasonable attempts at settlement
through other means of resolution. The dispute resolution process begins
when a written Notice of Dispute is sent by mail, facsimile or e-mail to the
Working Group and other parties to the dispute.
2. The Working Group will request all parties to submit a statement of their
issues, similar in format to the Notice of Dispute. The parties must submit
this information within twenty (20) working days of notification from the
Working Group. During this period the parties should continue to engage
in further negotiations to resolve the dispute.
3. If the parties to the dispute cannot resolve it informally through
discussions, then within fifteen (15) working days after the completion of
step #2 the Working Group will convene and render a decision with
management concurrence.
The decision reached by the Working Group and approved by the Four
Agency Management Committee will be one of the following:
a. a resolution to the dispute
b. an assignment of an outside expert to further mediate the dispute
c. a request for more information or time to reach a decision, including a
description of the additional information that is needed or a deadline for
delivering the decision
d. an elevation of the dispute to the Four Agency Management
Committee
e. remand to the parties to resolve
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4. All draft dispute resolutions proposed by the Working Group shall be sent
to the Four Agency Management Committee for concurrence. If the Four
Agency Management Committee does not concur with the proposed
resolution, the Working Group will revise the resolution in accordance with
their suggestions.
Invocation of the dispute resolution procedures outlined above shall not operate to the
prejudice of any party. Any party will remain free to challenge federal, provincial or
state action as allowed under law.
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Sample Notice of Dispute
NOTICE OF DISPUTE
Date:
Initiating Party:
Other Parties to the Dispute: List any party in opposition to the position advocated by
the initiating party.
Background:
Statement of Position:
Justification:
Action Taken:
1.
2.
3.
4.
Provide information on the technical and/or programmatic
issue that is under dispute, including information on the
nature and causes of the dispute.
A brief summation of the position advocated by the
initiating party.
A brief statement of why the position advocated is correct.
Steps taken to date to resolve the dispute. Such actions
can include the following examples:
Discussions with the binational steering committee
Vote by the steering committee and all subcommittees
Neutral facilitation
Discussion with counterpart groups from the other
binational RAPs
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Appendix 4
Local Remedial Action Plan Implementation Structures
Detroit River Area of Concern - United States
Detroit River Area of Concern - Canada
St. Clair River Area Of Concern
St. Marys River Area of Concern - An implementation structure for the St. Marys River
Area of Concern is under development
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Public Forum
Combined Sewer
Overflows/
Point Source
Polution Action
Team
Land Use
(Brownfields.
Urban Sprawl, etc.)
Action Team
Contaminated
Sediments
Action Team
Non-Point Source
Pollution Action
Team
Pollution Prevention Action Team
Ad-Hoc Action Teams I Subcommittees'
Outreach. Education and Environmental
Justice Action Team
Monitoring and Evaluation Action Team
Detroit River RAP U.S. Steering Committee
DETROIT RIVER REMEDIAL ACTION PUN TEAM STRUCTURE
* Ad-Hoc Implementation Teams I Subcommittees will be formed
as needed
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The Detroit River Canadian Cleanup Committee
A major success for the region's environment in 1998 was the establishment of the Detroit River
Canadian Cleanup Committee. The community based partnership of industry, government,
academic, environmental and community organizations came together to work collectively in
helping to heal the Detroit River.
In meeting the spirit of the Canada-U.S. Great Lakes Water Quality Agreement, the purpose of
the Committee is to cleanup, enhance and sustain the ecosystem of the Detroit River and its
tributary watersheds. The Detroit River Canadian Cleanup initiative builds on the Remedial
Action Plan process which was active in the Detroit River Area of Concern from 1984 to 1996.
The initiative was restarted to ensure that the Detroit River continues to contribute to a healthy
environment, economy and community in the region. The initiative aims to improve the
following aspects of the Detroit River ecosystem that are currently impaired at an unacceptable
level:
restrictions on fish and wildlife consumption
tainting of fish and wildlife flavor
degradation of fish and wildlife populations
fish tumors or other deformities
bird or animal deformities or reproductive problems
degradation of benthos
restriction on dredging activities
restrictions on drinking water taste and odor
beach closings
degradation of aesthetics
loss of fish and wildlife habitat
exceedance of water quality standards/objectives
Roles and Responsibilities of the Detroit River Cleanup Committee
coordinating Canadian cleanup and enhancement activities
promoting cleanup action
promoting partnerships
developing multi-year plans and budgets that are project and program driven
reporting regularly on progress to the community and agencies
establishing criteria and time lines to measure progress
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developing an overall communication plan
encouraging individual actions (Friends of Watersheds, Turkey Creek, Little River, Canard
River, Detroit River)
identifying technical issues requiring resolutions
coordinating and consulting on binational programs with U.S. Counterparts
providing advice on binational issues such as de-listing criteria, outreach activities
identifying and actively pursuing funding sources
answering to accountability mechanisms
Detroit River Canadian Cleanup Committee Partners
Canadian Salt Company Limited
Citizens Environment Alliance
City of Windsor
Environment Canada
Essex County Federation of Agriculture
Essex County Field Naturalists
Essex Region Conservation Authority
Ford of Canada
General Chemical
Little River Enhancement Group
Ontario Ministry of the Environment
Chair of each Subcommittee
Project Green
Town of Amherstburg
Town of LaSalle
University of Wndsor
Wndsor Chamber of Commerce
Wndsor & District Labour Council
Wndsor Environmental Advisory Council
Wndsor Heavy Construction Association
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DETROIT RIVER CANADIAN CLEANUP COMMITTEE
ORGANIZATIONAL CHART
Chair
Point Source Pollution
Subcommittee
Habitat Implementation
Subcommittee
Non-Point Source Pollution
Subcommittee
Contaminated Sediments
Subcommittee
Combined Sewer Overflow
Subcommittee
Public Involvement &
Communications Subcommittee
Detroit River Canadian Cleanup Committee
Note: The CSO, Contaminated Sediments, NPS and Point Source Subcommittees meet together and essentially function as one Technical
Subcommittee.
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St. Clair River Area of Concern
Local Remedial Action Plan Implementation Structure
The overall strategy for implementation of the St. Clair River Remedial Action Plan (RAP) is to
have recommended actions carried out directly by agencies, facilities, other organizations
involved in development of the RAP and/or committed to specific actions, and the general
public. To do this, coordinating and accountability bodies have been established.
Two working committees have been set up: (1) a RAP Implementation Committee; and (2) a
Public Accountability Committee. The two committees operate independently of each other to
ensure accountability. Current members of the Binational Public Advisory Council (BPAC) have
the flexibility to join either of the two implementation bodies or their subcommittees, or leave the
formal process and work on RAP implementation directly through their own organizations. The
RAP participants determined through consensus that the former RAP team would become by
default, the RAP Implementation Committee and the BPAC would become the Binational Public
Accountability Committee.
1. The RAP Implementation Committee (RIC):
> coordinates implementation activities
> updates problem definitions and restoration of impaired uses
> initiates and responds to monitoring and research results/activities
> undertakes data assessment and makes remedial decisions/recommendations
> tracks progress and schedules relating to remedial actions
> undertakes educational activities
> produces short biennial reports, including update of problems, progress of remedial
actions, further recommendations, progress towards goals and objectives
> reviews and tracks agency programs, activities, regulations, and lobby, accordingly
> coordinates activities with all parties responsible for remediation, agencies and other
stakeholders
> provides meeting minutes, data, updates, etc. to the accountability committee
regularly and upon request
This committee is small (approximately 12 to 15 members). It consists of representatives of all
sectors responsible for implementation of the RAP, such as industrial, municipal, Ontario
Ministry of the Environment, Ontario Ministry of Natural Resources, and Michigan Department of
Environmental Quality representatives. A representative of the Friends of the St. Clair River is
on the Implementation Committee to ensure coordination with their educational projects.
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The RIC has set up ad hoc working groups, as necessary, to carry out specific functions, for
example, to develop a contaminated sediments workplan. Membership on the subcommittees
is based on specific interests and expertise and is open to individuals beyond those already
sitting on the RIC.
2. The RAP Public Accountability Committee:
> audits the implementation of the RAP
> evaluates progress towards goals, objectives and delisting
> reviews the environmental monitoring results
> provides advice on priorities and directions to the RIC and its subcommittees
> issues an annual report to the public which assesses progress on the RAP
This committee includes representatives from each of the sectors and a representative from the
First Nations. The people sitting on the Public Accountability Committee do not sit on the RAP
Implementation Committee in order to fulfil the auditing role without a conflict of interest.
Regular meetings of this committee are relatively infrequent. Comments are supplied to the
RAP Implementation Committee twice yearly. The RAP Accountability Committee also issues
an annual audit directly to the public. Committee members receive the minutes and
correspondence relating to the other committees on a regular basis. Special meetings of this
committee are called at the discretion of some minimum number of members if any issues of
concern arise.
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