Agreement between Canada and the United States of America on Great Lakes Water Quality, 1978

The Government of Canada and the Government of the United States of America,

HAVING in 1972 entered into an Agreement on Great Lakes Water Quality;

REAFFIRMING their determination to restore and enhance water quality in the Great Lakes System;

CONTINUING to be concerned about the impairment of water quality on each side of the boundary to an extent that is causing injury to health and property on the other side, as described by the International Joint Commission;

REAFFIRMING their intent to prevent further pollution of the Great Lakes Basin Ecosystem owing to continuing population growth, resource development and increasing use of water;

REAFFIRMING in a spirit of friendship and cooperation the rights and obligations of both countries under the Boundary Waters Treaty, signed on January 11, 1909, and in particular their obligation not to pollute boundary waters;

CONTINUING to recognize the rights of each country in the use of its Great Lakes waters;

HAVING decided that the Great Lakes Water Quality Agreement of April 15, 1972 and subsequent reports of the International Joint Commission provide a sound basis for new and more effective cooperative actions to restore and enhance water quality in the Great Lakes Basin Ecosystem;

RECOGNIZING that restoration and enhancement of the boundary waters can not be achieved independently of other parts of the Great Lakes Basin Ecosystem with which these waters interact;

CONCLUDING that the best means to preserve the aquatic ecosystem and achieve improved water quality throughout the Great Lakes System is by adopting common objectives, developing and implementing cooperative programs and other measures, and assigning special responsibilities and functions to the International Joint Commission;

Have agreed as follows:

As used in this Agreement:

(a) "Agreement" means the present Agreement as distinguished from the Great Lakes Water Quality Agreement of April 15, 1972;¹

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(b) "Annex" means any of the Annexes to this Agreement, each of which is attached to and forms an integral part of this Agreement;

(c) "Boundary waters of the Great Lakes System" or "boundary waters" means boundary waters, as defined in the Boundary Waters Treaty, that are within the Great Lakes System;

(d) "Boundary Waters Treaty" means the Treaty between the United States and Great Britain Relating to Boundary Waters, and Questions Arising Between the United States and Canada, signed at Washington on January 11, 1909;²

(e) "Compatible regulations" means regulations no less restrictive than the agreed principles set out in this Agreement;

(f) "General Objectives" are broad descriptions of water quality conditions consistent with the protection of the beneficial uses and the level of environmental quality which the Parties desire to secure and which will provide overall water management guidance;

(g) "Great Lakes Basin Ecosystem" means the interacting components of air, land, water and living organisms, including man, within the drainage basin of the St. Lawrence River at or upstream from the point at which this river becomes the international boundary between Canada and the United States;

(h) "Great Lakes System" means all of the streams, rivers, lakes and other bodies of water that are within the drainage basin on the St. Lawrence River at or upstream from the point at which this river becomes the international boundary between Canada and the United States;

(i) "Harmful quantity" means any quantity of a substance that if discharged into receiving water would be inconsistent with the achievement of the General and Specific Objectives;

(j) "Hazardous polluting substance" means any element or compound identified by the Parties which, if discharged in any quantity into or upon receiving waters or adjoining shorelines, would present an imminent and substantial danger to public health or welfare; for this purpose, "public health or welfare" encompasses all factors affecting the health and welfare of man including but not limited to human health, and the conservation and protection of flora and fauna, public and private property, shorelines and beaches;

(k) "International Joint Commission" or "Commission" means the International Joint Commission established by the Boundary Waters Treaty;

(l) "Monitoring" means a scientifically designed system of continuing standardized measurements and observations and the evaluation thereof;

(m) "Objectives" means the General Objectives adopted pursuant to Article III and the Specific Objectives adopted pursuant to Article IV of this Agreement;

(n) "Parties" means the Government of Canada and the Government of the United States of America;

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(o) "Phosphorus" means the element phosphorus present as a constituent of various organic and inorganic complexes and compounds;

(p) "Research" means development, demonstration and other research activities but does not include monitoring and surveillance of water or air quality;

(q) "Science Advisory Board" means the Great Lakes Science Advisory Board of the International Joint Commission established pursuant to Article VIII of this Agreement;

(r) "Specific Objectives" means the concentration or quantity of a substance or level of effect that the Parties agree, after investigation, to recognize as a maximum or minimum desired limit for a defined body of water or portion thereof, taking into account the beneficial uses or level of environmental quality which the Parties desire to secure and protect;

(s) "State and Provincial Governments" means the Governments of the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Wisconsin and the Commonwealth of Pennsylvania, and the Government of the Province of Ontario;

(t) "Surveillance" means specific observations and measurements relative to control or management;

(u) "Terms of Reference" means the Terms of Reference for the Joint Institutions and the Great Lakes Regional Office established pursuant to this Agreement, which are attached to and form an integral part of this Agreement;

(v) "Toxic substance" means a substance which can cause death, disease, behavioural abnormalities, cancer, genetic mutations, physiological or reproductive malfunctions or physical deformities in any organism or its offspring, or which can become poisonous after concentration in the food chain or in combination with other substances;

(w) "Tributary waters of the Great Lakes System" or "tributary waters" means all the waters within the Great Lakes System that are not boundary waters;

(x) "Water Quality Board" means the Great Lakes Water Quality Board of the International Joint Commission established pursuant to Article VIII of this Agreement.

The purpose of the Parties is to restore and maintain the chemical, physical, and biological integrity of the waters of the Great Lakes Basin Ecosystem. In order to achieve this purpose, the Parties agree to make a maximum effort to develop programs, practices and technology necessary for a better understanding of the Great Lakes Basin Ecosystem and to eliminate or reduce to the maximum extent practicable the discharge of pollutants into the Great Lakes System.

Consistent with the provisions of this Agreement, it is the policy of the Parties that:

(a) The discharge of toxic substances in toxic amounts be prohibited and the discharge of any or all persistent toxic substances be virtually eliminated;

(b) Financial assistance to construct publicly owned waste treatment works be provided by a combination of local, state, provincial, and federal participation; and

(c) Coordinated planning processes and best management practices be developed and implemented by the respective jurisdictions to ensure adequate control of all sources of pollutants.

The Parties adopt the following General Objectives for the Great Lakes System. These waters should be:

(a) Free from substances that directly or indirectly enter the waters as a result of human activity and that will settle to form putrescent or otherwise objectionable sludge deposits, or that will adversely affect aquatic life or waterfowl;

(b) Free from floating materials such as debris, oil, scum, and other immiscible substances resulting from human activities in amounts that are unsightly or deleterious;

(c) Free from materials and heat directly or indirectly entering the water as a result of human activity that alone, or in combination with other materials, will produce colour, odour, taste, or other conditions in such a degree as to interfere with beneficial uses;

(d) Free from materials and heat directly or indirectly entering the water as a result of human activity that alone, or in combination with other materials, will produce conditions that are toxic or harmful to human, animal, or aquatic life; and

(e) Free from nutrients directly or indirectly entering the waters as a result of human activity in amounts that create growths of aquatic life that interfere with beneficial uses.

1. The Parties adopt the Specific Objectives for the boundary waters of the Great Lakes System as set forth in Annex 1, subject to the following:

(a) The Specific Objectives adopted pursuant to this Article represent the minimum levels of water quality desired in the boundary waters of the Great Lakes System and are not intended to preclude the establishment of more stringent requirements.

(b) The determination of the achievement of Specific Objectives shall be based on statistically valid sampling data.

(c) Notwithstanding the adoption of Specific Objectives, all reasonable and practicable measures shall be taken to maintain or improve the existing [Page 10] water quality in those areas of the boundary waters of the Great Lakes System where such water quality is better than that prescribed by the Specific Objectives, and in those areas having outstanding natural resource value.

(d) The responsible regulatory agencies shall not consider flow augmentation as a substitute for adequate treatment to meet the Specific Objectives.

(e) The Parties recognize that in certain areas of inshore waters natural phenomena exist which, despite the best efforts of the Parties, will prevent the achievement of some of the Specific Objectives. As early as possible, these areas should be identified explicitly by the appropriate jurisdictions and reported to the International Joint Commission.

(f) Limited use zones in the vicinity of present and future municipal, industrial and tributary point source discharges shall be designated by the responsible regulatory agencies within which some of the Specific Objectives may not apply. Establishment of these zones shall not be considered a substitute for adequate treatment or control of discharges at their source. The size shall be minimized to the greatest possible degree, being no larger than that attainable by all reasonable and practicable effluent treatment measures. The boundary of a limited use zone shall not transect the international boundary. Principles for the designation of limited use zones are set out in Annex 2.

2. The Specific Objectives for the boundary waters of the Great Lakes System or for particular portions thereof shall be kept under review by the Parties and by the International Joint Commission, which shall make appropriate recommendations.

3. The Parties shall consult on:

(a) The establishment of Specific Objectives to protect beneficial uses from the combined effects of pollutants; and

(b) The control of pollutant loading rates for each lake basin to protect the integrity of the ecosystem over the long term.

1. Water quality standards and other regulatory requirements of the Parties shall be consistent with the achievement of the General and Specific Objectives. The Parties shall use their best efforts to ensure that water quality standards and other regulatory requirements of the State and Provincial Governments shall similarly be consistent with the achievement of these Objectives. Flow augmentation shall not be considered as a substitute for adequate treatment to meet water quality standards or other regulatory requirements.

2. The Parties shall use their best efforts to ensure that:

(a) The principal research funding agencies in both countries orient the research programs of their organizations in response to research priorities identified by the Science Advisory Board and recommended by the Commission; and

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(b) Mechanisms be developed for appropriate cost-effective international cooperation.

1. The Parties shall continue to develop and implement programs and other measures to fulfil the purpose of this Agreement and to meet the General and Specific Objectives. Where present treatment is inadequate to meet the General and Specific Objectives, additional treatment shall be required. The programs and measures shall include the following:

(a) Pollution from Municipal Sources. Programs for the abatement, control and prevention of municipal discharges and urban drainage into the Great Lakes System. These programs shall be completed and in operation as soon as practicable, and in the case of municipal sewage treatment facilities no later than December 31, 1982. These programs shall include:

(i) Construction and operation of waste treatment facilities in all municipalities having sewer systems to provide levels of treatment consistent with the achievement of phosphorus requirements and the General and Specific Objectives, taking into account the effects of waste from other sources;

(ii) Provision of financial resources to ensure prompt construction of needed facilities;

(iii) Establishment of requirements for construction and operating standards for facilities;

(iv) Establishment of pre-treatment requirements for all industrial plants discharging waste into publicly owned treatment works where such industrial wastes are not amenable to adequate treatment or removal using conventional municipal treatment processes;

(v) Development and implementation of practical programs for reducing pollution from storm, sanitary, and combined sewer discharges; and

(vi) Establishment of effective enforcement programs to ensure that the above pollution abatement requirements are fully met.

(b) Pollution from Industrial Sources. Programs for the abatement, control and prevention of pollution from industrial sources entering the Great Lakes System. These programs shall be completed and in operation as soon as practicable and in any case no later than December 31, 1983, and shall include:

(i) Establishment of waste treatment or control requirements expressed as effluent limitations (concentrations and/or loading limits for specific pollutants where possible) for all industrial plants, including power generating facilities, to provide levels of treatment or reduction or elimination of inputs of substances and effects consistent with the achievement of the General and Specific Objectives and other control requirements, taking into account the effects of waste from other sources;

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(ii) Requirements for the substantial elimination of discharges into the Great Lakes System of persistent toxic substances;

(iii) Requirements for the control of thermal discharges;

(iv) Measures to control the discharge of radioactive materials into the Great Lakes System;

(v) Requirements to minimize adverse environmental impacts of water intakes;

(vi) Development and implementation of programs to meet industrial pre-treatment requirements as specified under sub-paragraph (a)(iv) above; and

(vii) Establishment of effective enforcement programs to ensure the above pollution abatement requirements are fully met.

(c) Inventory of Pollution Abatement Requirements. Preparation of an inventory of pollution abatement requirements for all municipal and industrial facilities discharging into the Great Lakes System in order to gauge progress toward the earliest practicable completion and operation of the programs listed in sub-paragraphs (a) and (b) above. This inventory, prepared and revised annually, shall include compliance schedules and status of compliance with monitoring and effluent restrictions, and shall be made available to the International Joint Commission and to the public. In the initial preparation of this inventory, priority shall be given to the problem areas previously identified by the Water Quality Board.

(d) Eutrophication. Programs and measures for the reduction and control of inputs of phosphorus and other nutrients, in accordance with the provisions of Annex 3.

(e) Pollution from Agricultural, Forestry and Other Land Use Activities. Measures for the abatement and control of pollution from agricultural, forestry and other land use activities including:

(i) Measures for the control of pest control products used in the Great Lakes Basin to ensure that pest control products likely to have long-term deleterious effects on the quality of water or its biota be used only as authorized by the responsible regulatory agencies; that inventories of pest control products used in the Great Lakes Basin be established and maintained by appropriate agencies; and that research and educational programs be strengthened to facilitate integration of cultural, biological and chemical pest control techniques;

(ii) Measures for the abatement and control of pollution from animal husbandry operations, including encouragement to appropriate agencies to adopt policies and regulations regarding utilization of animal wastes, and site selection and disposal of liquid and solid wastes, and [Page 16] to strengthen educational and technical assistance programs to enable farmers to establish waste utilization, handling and disposal systems;

(iii) Measures governing the hauling and disposal of liquid and solid wastes, including encouragement to appropriate regulatory agencies to ensure proper location, design, and regulation governing land disposal, and to ensure sufficient, adequately trained technical and administrative capability to review plans and to supervise and monitor systems for application of wastes on land;

(iv) Measures to review and supervise road salting practices and salt storage to ensure optimum use of salt and all-weather protection of salt stores in consideration of long-term environmental impact;

(v) Measures to control soil losses from urban and suburban as well as rural areas;

(vi) Measures to encourage and facilitate improvements in land use planning and management programs to take account of impacts on Great Lakes water quality;

(vii) Other advisory programs and measures to abate and control inputs of nutrients, toxic substances and sediments from agricultural, forestry and other land use activities; and

(viii) Consideration of future recommendations from the International Joint Commission based on the Pollution from Land Use Activities Reference.

(f) Pollution from Shipping Activities. Measures for the abatement and control of pollution from shipping sources, including:

(i) Programs and compatible regulations to prevent discharges of harmful quantities of oil and hazardous polluting substances, in accordance with Annex 4;

(ii) Compatible regulations for the control of discharges of vessel wastes, in accordance with Annex 5;

(iii) Such compatible regulations to abate and control pollution from shipping sources as may be deemed desirable in the light of continuing reviews and studies to be undertaken in accordance with Annex 6;

(iv) Programs and any necessary compatible regulations in accordance with Annexes 4 and 5, for the safe and efficient handling of shipboard generated wastes, including oil, hazardous polluting substances, garbage, waste water and sewage, and for their subsequent disposal, including the type and quantity of reception facilities and, if applicable, treatment standards; and

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(v) Establishment by the Canadian Coast Guard and the United States Coast, Guard of a coordinated system for aerial and surface surveillance for the purpose of enforcement of regulations and the early identification, abatement and clean-up of spills of oil, hazardous polluting substances, or other pollution.

(g) Pollution from Dredging Activities. Measures for the abatement and control of pollution from all dredging activities, including the development of criteria for the identification of polluted sediments and compatible programs for disposal of polluted dredged material, in accordance with Annex 7. Pending the development of compatible criteria and programs, dredging operations shall be conducted in a manner that will minimize adverse effects on the environment.

(h) Pollution from Onshore and Offshore Facilities. Measures for the abatement and control of pollution from onshore and offshore facilities, including programs and compatible regulations for the prevention of discharges of harmful quantities of oil and hazardous polluting substances, in accordance with Annex 8.

(i) Contingency Plan. Maintenance of a joint contingency plan for use in the event of a discharge or the imminent threat of a discharge of oil or hazardous polluting substances, in accordance with Annex 9.

(j) Hazardous Polluting Substances. Implementation of Annex 10 concerning hazardous polluting substances. The Parties shall further consult from time to time for the purpose of revising the list of hazardous polluting substances and of identifying harmful quantities of these substances.

(k) Persistent Toxic Substances. Measures for the control of inputs of persistent toxic substances including control programs for their production, use, distribution and disposal, in accordance with Annex 12.

(l) Airborne Pollutants. Programs to identify pollutant sources and relative source contributions, including the more accurate definition of wet and dry deposition rates, for those substances which may have significant adverse effects on environmental quality including the indirect effects of impairment of tributary water quality through atmospheric deposition in drainage basins. In cases where significant contributions to Great Lakes pollution from atmospheric sources are identified, the Parties agree to consult on appropriate remedial programs.

(m) Surveillance and Monitoring. Implementation of a coordinated surveillance and monitoring program in the Great Lakes System, in accordance with Annex 11, to assess compliance with pollution control requirements and achievement of the Objectives, to provide information for measuring local and whole take response to control measures, and to identify emerging problems.

2. The Parties shall develop and implement such additional programs as they jointly decide are necessary and desirable to fulfil the purpose of this Agreement and to meet the General and Specific Objectives.

1. The International Joint Commission shall assist in the implementation of this Agreement. Accordingly, the Commission is hereby given, by a Reference pursuant to Article IX of the Boundary Waters Treaty, the following responsibilities:

(a) Collation, analysis and dissemination of data and information supplied by the Parties and State and Provincial Governments relating to the quality of the boundary waters of the Great Lakes System and to pollution that enters the boundary waters from tributary waters and other sources;

(b) Collection, analysis and dissemination of data and information concerning the General and Specific Objectives and the operation and effectiveness of the programs and other measures established pursuant to this Agreement;

(c) Tendering of advice and recommendation to the Parties and to the State and Provincial Governments on problems of and matters related to the quality of the boundary waters of the Great Lakes System including specific recommendations concerning the General and Specific Objectives, legislation, standards and other regulatory requirements, programs and other measures, and intergovernmental agreements relating to the quality of these waters;

(d) Tendering of advice and recommendations to the Parties in connection with matters covered under the Annexes to this Agreement;

(e) Provision of assistance in the coordination of the joint activities envisaged by this Agreement;

(f) Provision of assistance in and advice on matters related to research in the Great Lakes Basin Ecosystem, including identification of objectives for research activities, tendering of advice and recommendations concerning research to the Parties and to the State and Provincial Governments, and dissemination of information concerning research to interested persons and agencies;

(g) Investigations of such subjects related to the Great Lakes Basin Ecosystem as the Parties may from time to time refer to it.

2. In the discharge of its responsibilities under this Reference, the Commission may exercise all of the powers conferred upon it by the Boundary Waters Treaty and by any legislation passed pursuant thereto including the power to conduct public hearings and to compel the testimony of witnesses and the production of documents.

3. The Commission shall make a full report to the Parties and to the State and Provincial Governments no less frequently than biennially concerning progress toward the achievement of the General and Specific Objectives including, as appropriate, matters related to Annexes to this Agreement. This report shall include an assessment of the effectiveness of the programs and other measures undertaken pursuant to this Agreement, and advice and recommendations. In alternate years the Commission may submit a summary report. The Commission may at any time make special reports to the Parties, to the State and Provincial Governments and to the public concerning any problem of water quality in the Great Lakes System.

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4. The Commission may in its discretion publish any report, statement or other document prepared by it in the discharge of its functions under this Reference.

5. The Commission shall have authority to verify independently the data and other information submitted by the Parties and by the State and Provincial Governments through such tests or other means as appear appropriate to it, consistent with the Boundary Waters Treaty and with applicable legislation.

6. The Commission shall carry out its responsibilities under this Reference utilizing principally the services of the Water Quality Board and the Science Advisory Board established under Article VIII of this Agreement. The Commission shall also ensure liaison and coordination between the institutions established under this Agreement and other institutions which may address concerns relevant to the Great Lakes Basin Ecosystem, including both those within its purview, such as those Boards related to Great Lakes levels and air pollution matters, and other international bodies, as appropriate.

1. To assist the International Joint Commission in the exercise of the powers and responsibilities assigned to it under this Agreement, there shall be two Boards:

(a) A Great Lakes Water Quality Board which shall be the principal advisor to the Commission. The Board shall be composed of an equal number of members from Canada and the United States, including representatives from the Parties and each of the State and Provincial Governments; and

(b) A Great Lakes Science Advisory Board which shall provide advice on research to the Commission and to the Water Quality Board. The Board shall further provide advice on scientific matters referred to it by the Commission, or by the Water Quality Board in consultation with the Commission. The Science Advisory Board shall consist of managers of Great Lakes research programs and recognized experts on Great Lakes water quality problems and related fields.

2. The members of the Water Quality Board and the Science Advisory Board shall be appointed by the Commission after consultation with the appropriate government or governments concerned. The functions of the Boards shall be as specified in the Terms of Reference appended to this Agreement.

3. To provide administrative support and technical assistance to the two Boards, and to provide a public information service for the programs, including public hearings, undertaken by the International Joint Commission and by the Boards, there shall be a Great Lakes Regional Office of the International Joint Commission. Specific duties and organization of the Office shall be as specified in the Terms of Reference appended to this Agreement.

4. The Commission shall submit an annual budget of anticipated expenses to be incurred in carrying out its responsibilities under this Agreement to the Parties for approval. Each Party shall seek funds to pay one-half of the annual budget so approved, but neither Party shall be under an obligation to pay a larger amount than the other toward this budget.

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1. The International Joint Commission shall be given at its request any data or other information relating to water quality in the Great Lakes System in accordance with procedures established by the Commission.

2. The Commission shall make available to the Parties and to the State and Provincial Governments upon request all data or other information furnished to it in accordance with this Article.

3. Each Party shall make available to the other at its request any data or other information in its control relating to water quality in the Great Lakes System.

4. Notwithstanding any other provision of this Agreement, the Commission shall not release without the consent of the owner any information identified as proprietary information under the law of the place where such information has been acquired.

1. Following the receipt of each report submitted to the Parties by the International Joint Commission in accordance with paragraph 3 of Article VII of this Agreement, the Parties shall consult on the recommendations contained in such report and shall consider such action as may be appropriate, including:

(a) The modification of existing Objectives and the adoption of new Objectives;

(b) The modification or improvement of programs and joint measures; and

(c) The amendment of this Agreement or any Annex thereto.

Additional consultations may be held at the request of either Party on any matter arising out of the implementation of this Agreement.

2. When a Party becomes aware of a special pollution problem that is of joint concern and requires an immediate response, it shall notify and consult the other Party forthwith about appropriate remedial action.

3. The Parties shall conduct a comprehensive review of the operation and effectiveness of this Agreement following the third biennial report of the Commission required under Article VII of this Agreement.

1. The obligations undertaken in this Agreement shall be subject to the appropriation of funds in accordance with the constitutional procedures of the Parties.

2. The Parties commit themselves to seek:

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(a) The appropriation of the funds required to implement this Agreement, including the funds needed to develop and implement the programs and other measures provided for in Article VI of this Agreement, and the funds required by the International Joint Commission to carry out its responsibilities effectively;

(b) The enactment of any additional legislation that may be necessary in order to implement the programs and other measures provided for in Article VI of this Agreement; and

(c) The cooperation of the State and Provincial Governments in all matters relating to this Agreement.

Nothing in this Agreement shall be deemed to diminish the rights and obligations of the Parties as set forth in the Boundary Waters Treaty.

1. This Agreement, the Annexes, and the Terms of Reference may be amended by agreement of the Parties. The Annexes may also be amended as provided therein, subject to the requirement that such amendments shall be within the scope of this Agreement. All such amendments to the Annexes shall be confirmed by an exchange of notes or letters between the Parties through diplomatic channels which shall specify the effective date or dates of such amendments.

2. All amendments to this Agreement, the Annexes, and the Terms of Reference shall be communicated promptly to the International Joint Commission.

This Agreement shall enter into force upon signature by the duly authorized representatives of the Parties, and shall remain in force for a period of five years and thereafter until terminated upon twelve months' notice given in writing by one of the Parties to the other.

This Agreement supersedes the Great Lakes Water Quality Agreement of April 15, 1972, and shall be referred to as the "Great Lakes Water Quality Agreement of 1978".