A Fernie wastewater report findings confirm the City of Fernie is out of compliance with provincial regulations, following a March 2026 inspection by the Ministry of Environment and Climate Change Strategy.
The 23-page report – view or download here – which reviews operations between February 2023 and December 2025, has been referred for potential administrative penalties after identifying multiple areas where the City failed to meet the conditions of its wastewater discharge permit.
The Ministry found the City “out of compliance” in a range of operational, monitoring, and reporting requirements tied to its wastewater treatment facility and discharges into the Elk River.
At the centre of the findings is a system under pressure. The report documents repeated instances where the City’s wastewater infrastructure was unable to manage inflows during peak conditions, resulting in bypasses of untreated or partially treated sewage directly into the Elk River. These events occurred during high inflow periods—often linked to stormwater and peak volume conditions—and were not isolated.
In one series of incidents in December 2025, more than 24,000 cubic metres of untreated influent and stormwater were released into the river system over multiple days. A similar event in December 2023 saw approximately 11,700 cubic metres discharged. The Ministry notes that such bypasses are prohibited under the permit unless prior approval is obtained.
Sampling conducted during these events showed measurable impacts downstream. The report identifies elevated levels of E. coli and fecal coliforms in the receiving environment, exceeding provincial water quality guidelines for both recreational use and livestock watering in some cases.
Beyond emergency releases, the report also highlights ongoing issues with system monitoring and compliance tracking. Inspectors found that the facility did not have consistent daily flow monitoring in place, and in some areas lacked the infrastructure required to measure discharge volumes altogether. Without reliable data, compliance with permitted discharge limits could not be verified.
The Ministry also identified several instances where required sampling and reporting obligations were not met. This included missed or incomplete groundwater monitoring, failure to conduct regular effluent and river sampling during discharge periods, and delays in submitting required reports.
In addition to operational concerns, the report notes that infrastructure at the facility has been expanded over time without corresponding updates to the City’s discharge permit. New treatment components and an additional outfall have been constructed and are in use but are not reflected in the current authorization.
The inspection further found that notifications to the Province following emergency events were not always provided immediately, as required under the permit, with delays of several days in some cases.
“Our water and sewer systems need to be the City’s top priority. I’ve been saying this since I ran for office, and I feel sadly vindicated,” said Councillor Ted Shoesmith. “We need to start tracking these inflows and addressing them immediately. At the same time, we need to provide the Province with an acceptable plan for a new treatment system so we can move forward and break ground as quickly as possible.”
The City has been working to transition its authorization under the Municipal Wastewater Regulation, a process that has involved multiple submissions and deadline extensions. As of early 2026, the Ministry has indicated that additional information is still required to complete the application process. The transition is intended to bring the City’s current system—now significantly different from its original permit—into compliance with modern provincial standards for monitoring, reporting, and performance, increasing oversight and accountability.
The findings build on previous Ministry inspections in 2020 and 2023 that also identified concerns related to system capacity, bypass events, and monitoring requirements.
While the report does not assign penalties directly, the referral for administrative enforcement signals that the Province may pursue fines or additional compliance measures.
For Fernie, the report reinforces a broader issue: wastewater infrastructure is now a central constraint in how the community manages growth, environmental protection, and long-term planning.
Further updates are expected as the Province determines next steps on enforcement and as the City continues work toward regulatory compliance.
Editor
