NUNAVUT WATER BOARD

  

        Public Hearing for Licence No. 3AM-IQA0612
              Renewal - Amendment Application

  
  
  ___________________________________________________
                          HEARING
                         VOLUME 2
  ___________________________________________________

  

  
                     Iqaluit, Nunavut
                       May 5, 2016
                     TABLE OF CONTENTS
  
  Description                                      Page
  
  May 5, 2016                                       151
  
  Department of Fisheries and Oceans Closing        151
  Statement
  Environment and Climate Change Canada Closing     152
  Statement
  Indigenous and Northern Affairs Canada Closing    154
  Statement
  The Applicant, City of Iqaluit, Closing           160
  Statement
  Closing Remarks                                   163
  Closing Prayer                                    165
  
  Certificate of Transcript                         166
  List of Exhibits                                  167

  

  
  
  Proceedings taken at the Anglican Parish Hall, Iqaluit,
  Nunavut
  _______________________________________________________
  May 5, 2016
  
  NUNAVUT WATER BOARD
  N. Mike                  Chair of Hearing
  L. Toomasie              Panel Member
  M. Nartok                Panel Member
  
  NUNAVUT WATER BOARD STAFF
  S. Autut                 Executive Director
  D. Hohnstein             Director of Technical Services
  S. Joseph                Senior Technical Advisor
  I. Porter                Licensing Administrator
  B. Kogvik                Secretary and Interpreter
  T. Meadows               Legal Counsel
  
  APPLICANT
  
  CITY OF IQALUIT
  M. Hamp                  Director of Public Works and
                           Engineering
  P. Clow                  Project Officer
  R. Sparham               Project Officer
  D. Lycon                 Technical Support (Stantec)
  INTERVENERS
  
  INDIGENOUS AND NORTHERN AFFAIRS CANADA (INAC)
  S. Burgess               Manager Water Resources
  S. Forte                 Water Management Coordinator
  J. Hack                  Manager Field Operations
  K. Landa                 Department of Justice
  
  ENVIRONMENT AND CLIMATE CHANGE CANADA (ECCC)
  B. Summerfield           Environmental Assessment
                           Coordinator
  A. Wilson                Head of Water Quality Expert
                           Support Group
  C. Didham                Environmental Enforcement
                           Officer
  
  DEPARTMENT OF FISHERIES AND OCEANS CANADA (DFO)
  R. Janusz                Senior Fisheries Protection
                           Biologist

  

  
  
  INTERPRETERS/TRANSLATORS
  B. Kogvik                Inuktitut Translator
  M. Hunt                  Inuktitut Translator
  D. Cuerrier              French Translator
  
  K. Schumann, CSR(A)      Official Court Reporter
  
  E. Uniuqsaraq            Sound Technician
  E. Cooper                Sound Technician
  G. Metuq                 Sound Technician
  _______________________________________________________

  

  

  

  

  
  (PROCEEDINGS COMMENCED AT 9:08 AM)
  THE CHAIR:               Good morning, everyone.  I
  guess we'll continue from yesterday, and I believe we
  were on presentation by others and associations.
       And we will now go into closing remarks, and I'd
  like to invite the Department of Fisheries and Oceans
  for closing remarks.  Thank you.
  Department of Fisheries and Oceans Closing Statement
  MR. JANUSZ:              Good morning.  Richard Janusz,
  Fisheries and Oceans Canada.
       As far as our closing remarks go, I would like to
  simply reiterate our recommendations to the Board.
       First, we spoke about our agreement with the
  issuance of a water renewal licence to the City of
  Iqaluit for a ten-year term and a maximum annual volume
  withdrawal from Lake Geraldine of 1.1 million cubic
  metres.
       We recommend that Iqaluit continue its plan to
  provide a compliant fish screen as a precautionary
  measure on its Lake Geraldine water intake.
       We ask that Iqaluit ensures that it carefully
  evaluates potential effects on fish and fish habitat
  across watersheds, including Lake Geraldine, when
  considering future plans for supplementary water
  supply.
       We ask that Iqaluit retain qualified environmental
  professionals, including biologists, when considering
  projects in or near water.
       We noted that it remains Iqaluit's responsibility
  to ensure it avoids causing serious harm to fish in
  compliance with the Fisheries Act and the Species at
  Risk Act as it may apply to aquatic species at risk,
  and if plans change or its description of a proposal is
  incomplete or changes in the future, Iqaluit should
  consult DFO's website or consult with a qualified
  environmental professional.
       And we also noted that it is Iqaluit's duty to
  notify DFO if it has caused or is about to cause
  serious harm to fish that are part of or support a
  commercial, recreational, or aboriginal fishery.
       Thank you.  That is the extent of our
  recommendations.
  THE CHAIR:               I forgot your name, sorry?
  MR. JANUSZ:              Richard Janusz.
  THE CHAIR:               Richard, thank you.
  MR. JANUSZ:              Thank you.
  THE CHAIR:               Next, closing remarks for
  Environment and Climate Change.
  Environment and Climate Change Canada Closing Statement
  MR. SUMMERFIELD:         Thank you.  Bradley
  Summerfield with Environment and Climate Change Canada.
       We just want to thank everybody for having us and
  for the great hearing that we had here today.
       Just to go over a few of our final
  recommendations, the first one in regards to secondary
  treatment upgrades, Environment and Climate Change
  Canada recommends using the WSER objectives as a good
  objective to aim for for effluent criteria for those
  upgrades.
       We also recommend to -- that the sediments in the
  landfill wastewater management ponds, both the
  emergency ponds and the regular operation ponds, be
  characterized and that there be some plans for how to
  properly dispose of those sediments.
       We support a ten-year term for the licence renewal
  for the City of Iqaluit.
       We also recommend that the solid waste management
  plan be updated to reflect current ongoing activities
  here in the city, and that the licence clauses be
  updated to reflect the discussions that have occurred
  over the last two days, and also the discussed changes
  to the monitoring program.
       And we would just like to reiterate that any
  discharges to freshwater or inland waters do require a
  water licence, and any discharge criteria would be set
  under that water licence.
       So in closing, we will continue to work with the
  City and INAC, the Water Board, and maintain the
  cooperation, and optimistic for things to move forward.
       Thank you.
  THE CHAIR:               Your name?
  MS. WILSON:              Anne Wilson, Environment and
  Climate Change Canada.
       I just wanted to echo Brad's thanks, and great
  hospitality and for a well-run hearing.  Thank you.
  THE CHAIR:               Thank you, Anne and Brad for
  your closing remarks.
       And for closing remarks, I invite Indigenous and
  Northern Affairs, and I believe they have some
  exhibits.
  Indigenous and Northern Affairs Canada Closing
  Statement
  MS. MEADOWS:             Thank you, Mr. Chair.  Teresa
  Meadows, legal counsel for the Nunavut Water Board.
       Before we begin, it's my understanding that
  Indigenous and Northern Affairs has prepared an exhibit
  for this hearing that will assist us in guiding us
  through their remarks and sort of summarizing the
  results of discussions that they have had with the
  Applicant over the last day or so.
       And so, Mr. Chair, with your indulgence, we
  propose to file this as the next exhibit but only in
  electronic form.  We don't have hard copies; we're
  projecting it on the screen so that we can go through
  it.
       So, Mr. Chair, that's what I would propose.  If
  there are any objections from any of the parties to
  filing this exhibit, please identify those now.
       Thank you, Mr. Chair, so seeing no objections, we
  will file this as the next exhibit in electronic form.
  Thank you, Mr. Chair.
  THE CHAIR:               Thank you, Teresa.
       EXHIBIT 10 - Electronic Itemization of
       Suggested Modifications to the Licence,
       Summary of Discussions with Indigenous and
       Northern Affairs Canada and the Applicant,
       City of Iqaluit (English)
  MR. BURGESS:             Scott Burgess, Indigenous and
  Northern Affairs Canada.
       Thank you, Teresa, and thank you, Mr. Chair, and
  thank you to the other Board Members and the technical
  staff, the City, and all the other interveners.  This
  has been a very well-run hearing, and it's been nice
  and smooth, so that's good.
       Indigenous and Northern Affairs Canada would like
  to start by saying that the Applicant has adequately
  addressed three of the four outstanding concerns that
  the Department had for this water licence renewal
  application, including the two most important ones:
  Timing of plan updates and proposed modifications to
  the licence.
       The only outstanding concern is in regards to the
  disposal of pond sludge at the West 40 landfill,
  specifically that of the drafting pond, and it has been
  discussed in more detail by Environment and Climate
  Change Canada.
       Yesterday evening, we were able to sort out our
  concerns regarding requested modifications to the
  licence.  We will discuss each item so that it will be
  on the record for the Applicant -- sorry, about that --
  for the Applicant to confirm that they have the same
  understanding as the Department.  These are
  recommendations we are making for the Board's
  consideration.
       As we mentioned yesterday, the Department had 15
  modifications or -- concerns with 15 modifications with
  which we were not in agreement in our written
  submission with the City.  Luckily, several of these
  can be lumped together, so there're actually only 11
  outstanding ones to go through or at least concerns
  that we were agreed upon last night with the City.
       Part A, Item 1 -- sorry, if you look at the
  screen -- oh, now, what did I do; all right, there we
  are -- Part A, Item 1, Sections 7, 8, 11, 12, and 14
  regarding the scope of the licence.  The Applicant has
  agreed to retract these modifications requests.
       Part B, Item 6 regarding translated executive
  summaries, the Applicant retracted this removal request
  earlier yesterday.
       Part D, Item 5 regarding the submission of Lake
  Geraldine dam safety inspection reports, we agree that
  the reports can be submitted with the annual report,
  and the Applicant agrees to include in the annual
  report how and when they will address the
  recommendations made in the dam safety inspection
  report.  Suggested wording for the timing of reviews
  and inspections would be to conduct them following the
  frequency recommended in the Canadian Dam Safety
  Guidelines.
       Part E, Item 6, regarding the submission of the
  operation and maintenance manuals for the wastewater
  treatment facility and sludge management facility,
  which is also partly covered in Part E, Item 7.  We
  agree with the City that these should be in a single
  operation and maintenance manual that should also
  include the sewage lagoon operation and maintenance
  manual.
       In the discussion of the timing of planned updates
  yesterday, the City committed to updating the Sewage
  Lagoon Operation and Maintenance Manual Number 5(b) in
  the list of plans to be updated within 120 days of
  licence issuance.  Since sewage sludge operation and
  maintenance, Number 3 in the list of plans, will be
  included in the same manual, the schedule and its
  update will also be 120 days instead of the 60 days
  agreed upon earlier.
       Part E, Item 85 -- perhaps not Item 85 -- Part E,
  Item 8, regarding the submission of sewage lagoon dam
  safety inspection reports, our comment here is
  identical to that for Number 3 on the list.
       Part E, Item 10, regarding submission for the
  long-term solid wastewater management plan, we have
  agreed on December 2018 as a reasonable submission date
  for this plan.  This is different than the 60 days
  after licence issuance schedule agreed on earlier
  yesterday.
       Part E, Item 17, regarding submission of a report
  prior to any discharge or transfer of leach aid from
  the West 40 landfill, the Applicant has agreed to
  retract this modification request at this time as this
  item will have to be changed for the amendment to add
  landfill runoff treatment infrastructure to the
  licence.
       Part F, Item 14, regarding submission of final
  design for wastewater treatment plant, we agree that
  this item should refer to Phase 2, that the submission
  date be tied to the schedule set out at quarterly
  meetings with Environment and Climate Change Canada and
  INAC inspectors and the plans be submitted for
  information and not approval.
       Part I, Item 7, regarding the submission of a
  QA/QC plan, that's quality assurance/quality control
  plan, the Applicant has agreed to provide this plan,
  which was Number 10 in the list of plans, within 60
  days of licence issuance.
       Part I, Item 14, regarding increasing sampling
  frequency if effluent quality requirements in Part C
  are exceeded or as directed by the Board or an
  inspector, it is unclear if there will be effluent
  quality requirements in Part C and what they might be.
  We agree with removing the requirement for increasing
  sampling frequency in the event of exceedances before
  the new wastewater treatment plant is commissioned.
       Lastly, Part J, Item 3, regarding submission of
  the West 40 landfill abandonment and reclamation plan,
  these are Numbers 11 and 12 in the list of plans to
  update.  We agreed that it would be reasonable to use
  December 2018 or one year prior to final
  decommissioning, whichever occurs first.  This is also
  different than the date agreed upon earlier yesterday
  when discussing timing of the planned updates.
       In closing, we would like to confirm for the
  record that we are satisfied that the Applicant will
  provide INAC an updated spill contingency plan within
  30 days of the end of this public hearing.  We
  understand that, with this schedule, the plan will not
  be able to be considered by the Board for the licence,
  but that the plan will be submitted to the Board within
  30 days of licence issuance and could then be included
  as a term in this licence.
       And to conclude again, the Board has no objection
  with the proposed term of ten-years for the licence
  renewal.
       Thank you again everybody.  That concludes our
  submission.
  THE CHAIR:               Thank you, Scott, and your
  name, sorry?
  MS. FORTE:               Sarah Forte with INAC.
       I would just like to make a correction where we
  had Part E, Item 85, it was actually Part E, Item 8.
  THE CHAIR:               Thank you.  Thanks for closing
  remarks.
       And next closing remark is the City of Iqaluit,
  the Applicant.
  The Applicant, City of Iqaluit, Closing Statement
  MR. HAMP:                Thank you, Mr. Chair.  This is
  Matthew Hamp, City of Iqaluit.
       On behalf of the City of Iqaluit, I would like to
  thank the Nunavut Water Board for allowing us the
  opportunity to present our application at this public
  hearing.  I'd also like to thank each of the
  interveners and the Board staff for all of their hard
  work they put into their respective reviews of the City
  application and the constructive approach they've all
  taken in helping to guide the City towards achieving
  both compliance under the expired licence and working
  towards a successful application for a renewed licence.
       I'd like to take this opportunity to summarize the
  scope and changes that the City is requesting to be
  included in the renewed licence based on the results of
  this public hearing and the discussions that the City
  has had with the interveners and Board staff throughout
  the process.
       Subject to the approval of the Board, the scope
  requested is the use of up to 1.1 million cubic metres
  of inland water from Lake Geraldine; the upgrade,
  operation, and eventual decommissioning of the
  wastewater treatment plant and backup sewage lagoon;
  the operation and eventual decommissioning of the
  West 40 landfill surface water runoff collection
  system; a ten-year licence term; and changes to the
  monitoring program as identified in the table presented
  by the City earlier yesterday.  And I just go through
  two modifications that were made during the meeting,
  just so it's on the record here.
       So, for example, Station IQA-01, the change was
  instead of requesting that to be removed, we are
  requesting a change in the frequency of the sampling to
  match the City's existing sampling protocol for raw
  water, so that would be twice per year.
       And the second change was with reference to
  sampling location IQA-08#, we're requesting that that
  be changed to two sample locations outside of the
  landfill, one upstream of the landfill and one
  downstream, as identified in the letter to the Water
  Board of February 5th, 2016, in response to some
  questions that were raised during the technical
  hearing.
       During this hearing, the interveners presented
  outstanding issues with respect to the City's
  application.  Through this process, we've had the
  opportunity to further discuss and clarify these issues
  with the interveners and Board staff and are in
  agreement with the interveners on these issues as they
  presented in their closing remarks today, and we
  request that the Board include these changes in the
  renewed licence as presented this morning.
       I'd also like to state that what's not included in
  the licence application or what the City believes
  shouldn't be included are the emergency measures and
  associated infrastructure with that.
       And finally, the City would like to ask the Board
  to consider the remarks by both Environment and Climate
  Change Canada and Indigenous and Northern Affairs with
  respect to discharges to a marine environment and its
  applicability to this licence renewal, specifically
  considering that the City -- considering the City's
  plans to discharge treated effluent from the wastewater
  treatment plant and landfill retention pond directly to
  a marine environment.
       That pretty well sums up what our closing remarks
  are, and just, again, thank you to everybody for coming
  here and helping us out with this.  And thank you to
  the Board for giving us the opportunity to present our
  application.
  Closing Remarks
  THE CHAIR:               Thank you, City of Iqaluit.
       And in closing remarks, I'd like to read this:
       The Board takes this opportunity to thank everyone
  who participated in this important hearing, especially
  the Applicant, City of Iqaluit; the intervening
  parties, Indigenous and Northern Affairs Canada,
  Department of Fisheries and Oceans Canada, Environment
  and Climate Change Canada; and all the community
  members, including elders, for their valued
  participation in this hearing; interpreters, Ben Kogvik
  and Mary Hunt and Daniel Cuerrier -- sorry if I didn't
  pronounce it properly -- court reporter, Karoline
  Schumann; and Innirvik Support Service Limited, George
  Metuq, Elaina Cooper, Eelei Uniuqsaraq.
       And special thanks also to the City of Iqaluit for
  its outstanding hospitality and support of the Board
  and staff while we complete our work; the
  staff/management of the Anglican Parish Hall, catering
  and others who came together to make this public
  hearing available and accessible to everyone.
       As we are at the close of the hearing, I will make
  some comments to let parties and interested persons
  know what happens next for this amendment application.
       First, I now close the public hearing record for
  the renewal amendment application for Type "A" Water
  Licence No. 3AM-IQA0612 submitted by the City of
  Iqaluit for the continuation of municipal undertaking
  and activities.
       What this means is that no additional information
  will be accepted on this application prior to the Board
  making a final decision.
       Within 30 to 45 days of hearing record closing and
  the application being remitted to the Panel, the Panel
  will issue a decision report to the Minister of
  Indigenous and Northern Affairs regarding whether to
  issue renewed and amended Type "A" Water Licence to the
  Applicant.  If the Board's decision is to recommend
  that renewed and amended Type "A" Licence be issued,
  the Board will also attach a copy of amended licence to
  the decision report for the review of the Minister.
       The Board's reason for decision and attachments
  will also be provided to the distribution lists for the
  file and will be publicly available from the NWB's
  public registry and FTP sites as well.  I would
  encourage everyone interested in receiving a copy of
  Board's reasons for decision and any associated licence
  issued to get in touch with the Board, and the staff
  can ensure that you are included in the distribution
  list.
       Thank you everyone.  That concludes the public
  hearing for renewal amendment of Type "A" Water Licence
  3AM-IQA0612.  The hearing is now adjourned.  Have a
  good afternoon, evening.  I wish everyone who has
  travelled to the City of Iqaluit for the hearing safe
  travels on their return home.
       And let us close with a prayer.  Lootie.
  (CLOSING PRAYER)
  _____________________________________________________
  PROCEEDINGS CONCLUDED
  _____________________________________________________

  
  
  CERTIFICATE OF TRANSCRIPT:
  
       I, Karoline Schumann, certify that the foregoing
  pages are a complete and accurate transcript of the
  proceedings, taken down by me in shorthand and
  transcribed from my shorthand notes to the best of my
  skill and ability.
       Dated at the City of Calgary, Province of Alberta,
  this 15th day of May, 2016.

  
  ________________________________
  Karoline Schumann, CSR(A)
  Official Court Reporter

  

  

  

                         EXHIBIT ENTERED
                           May 5, 2016
                                              PAGE NUMBER:
  EXHIBIT 10 - Electronic Itemization of          155
  Suggested Modifications to the Licence,
  Summary of Discussions with Indigenous
  and Northern Affairs Canada and the
  Applicant, City of Iqaluit (English)