The development of new environmental policies and processes in response to a crisis: the case of the multiple barrier approach for safe drinking water

Abstract

While new environmental policies and procedures often are developed incrementally, they can also result from crises or other significant events. In situations where policies and procedures are introduced in response to a crisis, questions about the strengths and weaknesses of existing mechanisms, and the extent to which they can be used to address concerns, may be ignored. This paper explores the complexities of introducing new policies and processes where planning systems and procedures already exist. Drinking water source protection policies that are being developed in response to the tragic events in Walkerton, Ontario, Canada serve as the context for the inquiry. Three case study watersheds were selected to reflect the diversity of municipal jurisdictions and water supply systems in Ontario. A content analysis was undertaken on regulatory and non-regulatory policy documents to determine the extent to which they addressed elements of the multi-barrier approach for drinking water safety. Findings from the research reveal considerable evidence of the multi-barrier approach in the policy and guiding documents analyzed. Policy development in response to a crisis can advance progress on the issue of drinking water safety and coincide with emerging governance strategies. Policy effectiveness may be enhanced by considering existing policies as well as contextual and jurisdictional differences.

Introduction

First generation environmental policies have prompted considerable environmental improvements, especially in the reduction of point source pollution (Kettl, 2002). Although regulation is a logical basis for environmental policy (Glasbergen, 1998), next generation environmental policies are needed to address complex challenges of diffuse or non-point sources of pollution, unclear boundaries, and intensified political pressures (Kettl, 2002). Attention in this search for next generation environmental policies is thus focusing on novel governance strategies, wherein governments become one of several actors steering environmental decisions and implementing actions.

New environmental policies and procedures are often the product of a response to a crisis. Environmental concerns typically move through an ‘issue-attention cycle’, in which issues compete to be part of the public agenda (Downs, 1972, Howlett, 1998, Mitchell, 2004). For example, in May of 2000 the water supply in Walkerton, Ontario, Canada was contaminated by Escherichia coli originating from a nearby farm. Seven people died during this incident and more than 2000 people became seriously ill (O’Connor, 2002a). Justice Dennis O’Connor led a public inquiry into the circumstances surrounding the tragedy and formulated recommendations for a safe drinking water system. Echoing a consensus that has formed in the drinking water community (e.g., Canadian Council of Ministers of the Environment, 2002), Justice O’Connor recommended a multi-barrier approach (O’Connor, 2002b).

The multi-barrier approach to safe drinking water is a comprehensive approach that considers water from its source to the consumer, accounts for present and potential threats to quality, and establishes multiple barriers (e.g., protection of sensitive source areas, treatment, distribution and storage, monitoring and responding to adverse conditions) to minimize their impact (CCME, 2002; please see Section 3 and Table 2). Ultimately, O’Connor's recommendations gave rise to new policies relating to drinking water safety, which were expressed through two key statutes, the Safe Drinking Water Act (S.O. 2002, c. 32) and the Clean Water Act (S.O. 2006, c. 22). The Safe Drinking Water Act significantly strengthened the regulatory environment relating to the operation of water supply systems. For example, standards for drinking water that took the form of guidelines before Walkerton were enshrined in regulations under the new Act. In contrast, source water protection under the new Clean Water Act was a novel provincial policy. While numerous policy tools already existed prior to Walkerton that permitted municipalities to implement selected measures to protect sources of drinking water, this occurred in an entirely ad hoc fashion (de Loë et al., 2005). Under the Clean Water Act, source water protection is taking place in a systematic and comprehensive way in Ontario. The densely settled southern portion of the province has been divided into source protection regions and areas, within which multi-stakeholder source protection committees are assessing threats to source waters and developing source protection plans. Approval of the first of these plans is anticipated in 2012. Implementation of measures to protect source waters will occur primarily by existing actors (notably municipalities and land owners), using currently available planning tools such as by-laws and Official Plan policies.

The response to the Walkerton water crisis illustrates how new policies can take advantage of existing mechanisms. It explores the complexities that arise when new policies are introduced in situations where planning systems and policies already exist. Drinking water protection in Ontario, Canada is an ideal context for exploring this question because policies and plans to address this critical issue are presently being developed, but plan implementation will occur largely by current actors using existing policy tools.

The following section of the paper provides background information regarding the policy development process. The multiple case study method and content analysis technique used to undertake the investigation are then described. Results are presented for three case study watersheds (Upper Thames River, Grand River, Lake Simcoe) and then cross-case findings are discussed. The concluding section reflects upon the current situation of introducing new drinking water policies and processes in Ontario, and more broadly upon the implications of this phenomenon for other environmental issues.