Order SLM-001-2021 pursuant to Section 109 of the Canadian Energy Regulator Act
INSPECTION OFFICER ORDER NO. SLM-001-2021
IN THE MATTER OF THE CANADIAN ENERGY REGULATOR ACT,
AN ORDER UNDER SECTION 109
NAME OF PERSON(S)/COMPANY TO WHOM THIS ORDER IS DIRECTED
, Manager Spread 6/7A, Trans Mountain Pipeline ULC is a person/Company conducting work associated with a: regulated facility; abandoned facility; or ground disturbance on or near a facility located at Surrey, BC.
On or about 03/11/2021 at 14:08 the undersigned Canada Energy Regulator inspection officer conducted a compliance verification activity of/at Bending Yard (KP 1160) on CWP 45.
I, , designated as a CER Inspection Officer under subsection 102(1) of the Canadian Energy Regulator Act, believe the following are the relevant facts relating to the issuance of this Order:
On 3 November 2021, CER inspection officers conducted an inspection (CVA 2122-119) at construction work package 45 (CWP 45) at approximately KP 1160 and determined that sediment and erosion control did not meet the requirements. At this location, there are two fish bearing watercourses and a wetland that require environmental protection measures specified in the Trans Mountain Pipeline ULC Environmental Protection Plan (EPP) and in the Resource Specific Mitigation Tables (RSMT). The CER inspection officers observed multiple pieces of equipment moving large piles of soil, sediment laden water migrating across the work site and ponding, work vehicles parked adjacent to watercourse BC771a3, and an access road within the 20 m riparian buffer zone (RBZ).
A small berm had recently been constructed to prevent sediment laden water from entering the wetland at one location, however a long straw wattle was laying on the ground and had not been secured in place, and a pump had recently been set up to remove sediment laden water from a settling pond excavated adjacent to the wetland. Company representatives stated that the contractor had attempted to install sediment fence next to the wetland as an erosion control measure, but they said they were not able to hand dig into the soil. Work began at the site on 28 October 2021, and work with equipment started at the site on 1 November 2021. There have been multiple rain events that have resulted in soil saturation and water ponding.
A CER inspection was previously conducted at CWP 45 on 23 September 2021 (CVA 2122-118). During that inspection a company representative stated that sediment erosion control measures would be implemented for the site prior to construction activity commencing in order to protect the watercourses and wetlands from sedimentation.
The resources listed for CWP 45 in the RSMT include:
- KP 1160.1 Amphibian breeding and overwintering habitat WILD1161.1 with a 30 m buffer;
- KP 1160.13 Fish bearing watercourse BC771a3 with a 20 m RBZ;
- KP 1160.16 Fish bearing watercourse BC771a4; and
- KP 1160.10 Wetland WT1160.10.
PROVISIONS OF ACT OR REGULATIONS THAT ARE ALLEGED TO BE CONTRAVENED – AND ARE CONTINUING – OR ARE LIKELY TO BE CONTRAVENED
1. GENERAL DUTY – REASONABLE CARE
Pursuant to section 94 of the CER Act, the holder of a certificate or permit must take all reasonable care to ensure the safety and security of persons, the safety and security of regulated facilities and abandoned facilities and the protection of property and the environment.
2. CERTIFICATE OC-065
Condition 3: Environmental protection: Trans Mountain must implement or cause to be implemented, at a minimum, all of the policies, practices, programs, mitigation measures, recommendations, and procedures for the protection of the environment included or referred to in its Project application or to which it otherwise committed on the record of the OH-001-2014 proceeding.
Based on the facts references herein, the inspection officer has reasonable grounds to believe that there is or is likely to be a contravention of Parts 2 to 5 or section 335 of the Canadian Energy Regulator Act (CER Act), or for a purpose referred to in subsection 102(2) CER Act, the inspection officer may, by order, direct a person to
- stop doing something that is in contravention of Parts 2 to 5 or section 335 or cause it to be stopped;
- take any measure that is necessary in order to comply with Parts 2 to 5 or section 335 or mitigate the effects of non-compliance;
- stop doing something that may cause a hazard to the safety or security of persons, or damage to property or the environment or cause it to be stopped; or
- take any measure that is necessary to prevent or mitigate the hazard to the safety or security of persons or damage to property or the environment.
MEASURES TO BE TAKEN
Trans Mountain Pipeline ULC is ORDERED pursuant to subsections 109(1) and 109(2) of the CER Act to:
Specified MeasuresFootnote 1:
In relation to the Trans Mountain Expansion Project:
- 1) Stop all work at CWP 45 except to comply with Specified Measure 2.
- 2) Implement erosion and sediment control measures at construction work package 45 to be maintained over the course of construction activities. During construction, the control measures must be inspected by Trans Mountain Pipeline ULC reasonable intervals o ensure functionality and that repairs will be completed as required (i.e., after rain events) as described in the Pipeline Environmental Protection Plan, and as outlined in the Soil Erosion and Sediment Control Contingency Plan.
EFFECTIVE DATE OF THE ORDER
This Inspection Officer Order takes effect immediately on 3/11/2021 at the time of delivery of the order to the person/company to whom it is directed. Nothing in this order shall be construed as reducing, increasing, or otherwise affecting what may be required of the person/company to whom it directed to comply with all applicable legislative or legal requirements.
COMPLIANCE WITH THIS INSPECTION OFFICER ORDER IS MANDATORY
Failure to comply with an inspection officer order issued under section 109 of the CER Act is an offence under section 112 of the CER Act.
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