SOMBA K'E/YELLOWKNIFE - A water resource officer with Aboriginal Affairs and Northern Development, formerly called Indian and Northern Affairs, has given some strict orders to his federal counterparts at Giant Mine: come up with a plan to ensure toxic tailings never mix with Baker Creek again, or face a $100,000 fine.

Water samples taken from Baker Creek two weeks ago show arsenic levels 10 times the acceptable level for drinking water after the stream overflowed into a tailings pond earlier this month. - Ian Vaydik/ NNSL photo

The directorate has until Aug. 1 to submit their plan, and all subsequent work must be done by April 30, 2012.

Michael Martin, the water resource officer who issued the directive, said he had no other choice.

"I had reasonable ground to believe that there was potential for an adverse environmental impact. As an inspector, it's my job to enforce the Waters Act and to lay out penalties that are drawn out in the act."

He said for the protection and safety of Northerners and the environment, it was crucial the Giant Mine team find a permanent remedy so the toxic tailings never come in contact with the water again.

The plan has to outline the measures the team will take, and must be reviewed in consultation with Environment Canada and the Department of Fisheries and Oceans.

They must also submit monthly reports from September 2011 until April 2012 on their progress.

The maximum fine for not complying is up to $100,000 and a one-year jail sentence per day they are in non-compliance.

"It's my understanding that the Giant Mine project director is taking steps to fulfill the request," Martin said.

Responding to concerns that he would have difficulty enforcing these measures when all parties are a part of Aboriginal Affairs and Northern Development, he said he has never faced issues before, and added the actual application of legislation falls with the Department of Justice.

Dene national chief Bill Erasmus is also calling on more measures to be taken at the site.

In a press release sent out yesterday, he said an independent environmental monitoring process must be established at the Giant Mine site.

"Water knows no boundaries," he said.

"Any pollution in Great Slave Lake will make its way downstream throughout Denendeh."

Water samples collected more than two weeks ago from Baker Creek, which runs into Yellowknife Bay, showed arsenic levels upstream were 10 times the acceptable level for drinking water and 20 times the acceptable level for protection of aquatic life.

Sediment samples were even higher, at 700 times the acceptable level for drinking water and 1,400 times the acceptable level for protection of aquatic life.

Erasmus said he wants to establish a more direct relationship with Aboriginal Affairs and Northern Development so when spills occur, they're notified right away.

For two weeks after the initial spill, he said the government was quiet on the subject of water testing and potential environmental contamination, and never contacted his offices.

"The government is calling this release of toxic tailings an act of nature, but there's nothing natural about arsenic-contaminated mining waste just sitting around waiting to pollute the water," Erasmus said.

He is also critical of the system put in place right now to oversee clean-up efforts at the mine.

"The way it's designed is the water license is issued by the department, then the department is the one that does the monitoring and the oversight," he said.

"There needs to be more of an independent process where the monitoring and the oversight is done by someone outside of INAC (Aboriginal Affairs and Northern Development)."

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