.Am . - AKES iORY BOARD LEG11 ENFORCEMENT MECHANISMS , Proceedings of a workshop held in Windsor, Ontario February 21-22, 1977 Sponsored by STANDING COMMITTEE OIV SOCIAL SCIENCES ECONOMIC AND LEGAL ASPECTS OF THE INTERNATIONAL JOINT COMMISSION'S GREAT LAKES RESEARCH ADVISORY BOARD edited by PATRICIA A. BONNER IJC Great Lakes Regional Office, Windsor Editorial Committee Leonard Crook and Mary Gretchen Zale, Great Lakes Basin Commission Jack A. Donnan, Ontario Ministry of the Environment IJC GREAT LAKES REGIONAL OFFICE WINDSOR. ONTARIO OCTOBER 1977 Report Number R-77-1 NOTICE Statements and views presented in these proceedings are totally those of the speakers and do not necessarily reflect the views and policies of the International Joint w om mission or its Research Advisory Board and Committees framework. Mention of trade names or commercial products does not constitute endorsement or recommendation for use. ~iblio~ra~hicCitation: Economic and Legal Mechanisms, proceedings of a workshop held in Windsor, Ontario, February 21-22, 1977. Sponsored by the Great Lakes Research Advisory Board Standing Committee on Social Sciences, Economic and Legal Aspects. Edited by Patricia A. Bonner. Report No. R-77-01. Windsor', Ontario, 1977. .. Acknowledgement Preface Introduction Recommendations, Conclusions and Observations Research Topics Point Sources Introductions Implementation Incentives for Environmental Quality Management Blair T. Bower, Charles N. Ehler and Allen V. Kneese Pollution Abatement: Some Observations on Political and Legal Realities David Estrin Alternative Legal Structures for Controlling Point Source Pollution Jeffrey K. Haynes Point Sources: New Economic Mechanisms Donald N. Dewees Panel Presentations Richard Robbins Daniel Ciona Mitchell Zavon Co lin MacFar lane Highlights of Morning General Discussion Views on the Environment Stephen Lewis Point Sources Workshops Energy Pulp and Paper Chemical and Chemical Processing Municipal Transportation Mining and Mineral Processing Highlights - Afternoon General Discussion Jurisdiction Workshops Canada Federal United States Federal Province - Municipalities States Municipalities ~merica's Great Lakes Program : The Bureaucratic Mess in the U. S. Gaylord Nelson Non Point Sources 147 Introductions 149 Urban Non-Point Pollution - Approaches for Control Stephen Gordon 151 Agricultural Non-Point Pollution - Approaches for Control Wesley D. Seitz 159 Some Economic Aspects of Persistent Pollutants Anthony Scott 187 Summary Presentation of Anthony Scott paper 203 Panel Presentations 208 Mary Garner 208 Douglas Hoffman 213 John R. Adams 215 Mary Lee Strang 218 Highlights of Morning General Discussion 223 Non-Point Sources Workshops 233 Urban Non-Point - Controls 234 Rural Non-Point - Controls 237 Urban - Future Strategies 239 Rural - Future Strategies 241 Chemical and Metal Residues 243 Jurisdiction Workshops 244 Canada Federal 245 United States Federal 248 Province - Municipalities 251 States - Municipalities 254 Background Papers 25 7 Framework for Evaluation Jack A. Donnan 259 The United States Federal Framework Reinhold Thieme 263 A Survey of State Water Pollution Control Law William M. Eichbaum 267 Canadian Pollution Control Law - The Great Lakes J. Neil Mulvaney 273 Non-Point Pollution Problems - Great Lakes Basin Garth E. Bangay 279 Nominal Group Technique 286 Workshop Participants List 293 Terms of Reference - Standing Committee on Social Sciences, Economic, and Legal Aspects 299 Membership List - Standing Committee on Social Sciences, Economic, and Legal Aspects 301 Membership List - Ad Hoc Organizing Committee for the Workshop 303 Membership List - Great Lakes Research Advisory Board 305 These proceedings and the workshop on Economic and Legal Enforce- ment Mechanisms for achieving improved water quality in the Great Lakes must be attributed to the efforts of many individuals and agencies involved in resource management and associated with the International Joint Commission Great Lakes activities. The initial concept for the workshop came from the members of the Social Sciences, Economics, and Legal Aspects Committee (SSELA) of the 1JC's.Research Advisory Board. Committee members greatly appreciate the support afforded to the concept by the Research Advisory Board. The Committee also wishes to recognize the participation and encouragement received from the International Joint Commission Washington and Ottawa staffs and the United States and Canadian Commissioners. The work of the staff of the Great Lakes Regional Office, Windsor, was essential for the successful conduct of the workshop and the preparation of these proceedings. Detailed planning of the workshop was the responsibility of the Ad Hoc Organizing Committee whose members included: Mr. Leonard T. Crook, Great Lakes Basin Commission (GLBC), SSELA Chairman; Mr. Jack A. Donnan, Program Chairman, Ontario Ministry of the Environment; Ms. Patricia A. Bonner, International Joint Commission Regional Office; Mrs. Mary Gretchen Zale, Great Lakes Basin Commission (GLBC); Mr. Neil Mulvaney, Ontario Ministry of the Environment; Mr. Ronald Shimizu, Environmental Protection Service, Department of Fisheries and EnvironmentCanada; Mr. Garth Bangay, Environmental Protection Service, Department of Fisheries and EnvironmentCanada; and Mr. Tom Muir, Environment Protection Service, Department of Fisheries and EnvironmentCanada. Mr. Floyd Heft, of the Ohio Department of Natural Resources, Mr. Walter Lyon and Mr. William Eichbaum of the Pennsylvania Department of Environmental Resources also participated. Dr. Leonard Dworsky, Research Advisory Board contact member, followed the course of the workshop from concept to completion. Ms. Patricia A. Bonner deserves a special thanks for planning and arranging for workshop facilities, for the preparation and distribution of all workshop materials, for administrative and other work during the workshop, but particularly for her extensive work to focus the results of the workshop into meaningful proceedings. SSELA and the participants are indebted to the authors of the papers which enabled workshop partici- pants to focus on the key components of innovative and imaginative mechanisms for water quality improvement. The thoughtful and enthusiastic participation of the attendees was the reason the workshop was successful and productive. The Great Lakes Research Advisory Board of the International Joint Commission was established under the Canada-United States Great Lakes Water Quality Agreement under the following terms of reference: (a) To review at regular intervals these research activities in order to: (i) examine the adequacy and reliability of research results, dissemination, and the effectiveness of their application; (ii) identify deficiencies in their scope, and inadequacies in their funding and in completion schedules; (iii)identify additional research projects that should be undertaken; (iv) identify specific research programs for which international co-operation will be productive; (b) To provide advice and consolidations of scientific opinion to the Comission and its boards on particular problems referred to the Advisory Board by the Commission or its boards; (c) To facilitate both formal and informal international co- operation and co-ordination of research; (d) To make recommendations to the Commission. To assist it in carrying out its functions, the Board established numerous committees in 1973. One of these, the Standing Committee on Social Sciences, Economic and Legal Aspects (SSELA), performed a literature search in 1974 to help members define the state of the art in economic, legal and.socia1 sciences research and applied research throughout the Great Lakes Basin. Gaps in knowledge were particularly notable in the areas of public information, citizen participation and pollution abate- ment through legal and economic rather than technological means. Using the ~oard'sauthority to "seek analyses, assessments and recommendations from other professional, academic, governmental or intergovernmental groups about problems of Great Lakes water quality research and related research activities", the Committee sponsored workshops under the auspices of the Board and Commission. Proceedings of the June, 1975, Public Participation Workshop were published early in 1976. This document is the product of the Economic and Legal Enforcement Mechanisms Workshop held February 21-22, 1977, in Windsor, Ontario. Planning began in January, 1976, when SSELA formed a workshop subcommittee to design and organize the event. This publication is a compilation of background papers prepared by that group, the invited presentations prepared for the workshop, panel reviews of the presenta- tions, highlights of general discussions, suggested policies lists which resulted from workshop discussions focused on specific pollution sources, research topics identified by workshop participants, and recommendations and conclusions drawn by the editors from all materials associated with the workshop. j With the publication of these proceedings SSELA and its subcommittee were officially disbanded. In the future, a newly formed group, the Great Lakes Research Advisory Board's Expert Committee on Societal Aspects of Great Lakes Water Quality, will be carrying out related work through specific topic task forces. Biological, chemical and physical data concerning pollution and its effects are essential in identifying pollution problems and devising some of the technical methods of resolving these problems. A great deal of technical