Compliance verification activity type: Field Inspection
Team:
Regulated company: NOVA Gas Transmission Ltd.
Operating company: NOVA Gas Transmission Ltd.
Province(s) / Territory(s):
Discipline(s):
Related events:
Rationale and scope:
Inspection of NGTL North Montney spread 1. North Montney is a 306 km construction of NPS 42 pipe and related components in northeastern BC. Spread 1 is approximately 52 km long and includes several river crossings (Pine, Peace and Moberly Rivers), the Pine River Sand Dunes, several wetlands, and the Peace Moberly Tract. The inspection focused on mitigation measures for watercourses and wetlands, species at risk, soil handling, equipment cleaning, waste management and prevention of erosion and control of sediment. Inclement weather conditions limited the scope of the inspection to approximately 10 km of the spread.
Compliance tool(s) used:
Facilities:
Facility Types
Life-cycle Phases
Regulatory requirements that apply to this activity:
Regulatory instrument number(s):
Observation 1 - General Observations
Date & time of visit: 2018-11-27 10:00
Discipline: Environmental Protection
Categories:
Facility:
Observations:
The following was observed during the inspection:- spoil piles clearly labeled and segregated;- signage observed at environmental features, including game trails, watercourses, wetlands;- equipment cleaning stickers on equipment;- all equipment and vehicles checked by Officers had fire extinguishers and spill kits;- reclamation measures were complete at an S6 watercourse crossing; and- rough clean-up was complete near KP 0.
Compliance tool used: No compliance tool used
Observation 2 - Information Request (IR) #1 - Staking and Trespass
Date & time of visit: 2018-11-28 12:45
At Approximately KP 0+575, Inspection Officers noted that rough clean-up had already taken place. The only spoil material remaining was labelled "USM" for upper surface material, or topsoil. Inspection Officers met a clean-up crew, who had removed the stakes marking the edges of the right-of-way. As the stakes had been removed, Inspection Officers were unable to confirm if the remaining spoil piles were all within the bounds of the RoW or if any trespass had occurred. Company representatives indicated that as there was currently no activity, there was no concern that trespass would occur.
Compliance tool used: Information Request (IR)
Regulatory requirement:
Relevant section(s):
Company action required:
In order to confirm that no trespass is occurring, the company is required to provide the following information:
Due date: 2019-01-18
Date closed: 2019-02-20 Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.
Reason closed: Requirement met
Compliance achieved: Yes
Observation 3 - IR # 2 - Off-RoW Water Discharge
Date & time of visit: 2018-11-29 10:22
Inspection Officers observed two locations (approx KP 24 + 070 and the south side of road 7 crossing) where filter bags for de-watering were located off the right-of-way (i.e., outside the staked boundaries). Additional information is required to verify compliance.
1. Describe how NGTL determines water discharge locations, obtains landowner permission, and communicates this information to the Contractor.2. Provide dated documents showing that landowner consent was acquired prior to discharge in these two locations (56.063819,-121.294608 and 56.063964,-121.304611 )
Observation 4 - IR #3 - Wildlife Dens
Date & time of visit: 2018-11-26 14:00
At the opening meeting, Inspection Officers asked whether any wildlife den sites had been found. Company Representatives indicated that no active dens were found and that two sweeps had been completed for bear dens.Officers reviewed daily environment reports for the two weeks prior to the inspection and noted that the 17 November 2018 report mentions a coyote den located in extra workspace at KP 28 + 200 and the need to come up with a plan for the den. This den is not mentioned in any other documents, including later environment reports.The daily environment report for 22 November 2018 mentions a possible inactive bear den (KP 48.500) and a possible fox den (KP 48.250).
It is unclear whether these dens are active (i.e., require additional mitigation). Additional information is required to verify compliance.
For each of the potential dens (coyote, fox, bear) identified above, please provide the following information:- any documents containing an assessment of whether the den is active; and- any mitigation that is being applied and how and by whom the mitigation was determined.
Observation 5 - IR #4 - Light Tower Secondary Containment
Date & time of visit: 2018-11-28 14:31
Near KP 4 + 700 a light tower was observed within 100 m of a waterbody. No external secondary containment was observed and Company Representatives were unsure whether it had built-in secondary containment. The light tower was labeled "FCS Fluid Containment". Several of the same type of light towers were observed later in the inspection with drip trays underneath.Additional information is required to verify compliance.
Please provide the volume of fuel the light tower (Allmand Light Tower) can hold and the capacity of any built-in secondary containment.
Observation 6 - Corrected Non-Compliance (CNC) #1 - Wetland protection
Date & time of visit: 2018-11-28 15:07
At approximately KP 5+500, Inspection Officers noted a backhoe that was working on and moving soil that was saturated. The following morning, Inspection Officers asked company representatives to explain how the work seen taking place conformed to the EPP’s “Wet Soils Contingency Plan.” Company representatives indicated that it apparently did not, and would not occur again. Company representatives later indicated that the work had been halted shortly after being seen by NEB inspectors. This non-compliance formed part of Inspection Officer Order MMO-001-2018.
Compliance tool used: Corrected Non-compliance (CNC)
Under Inspection Officer Order MMO-001-2018, the company was required to halt all work within 10m of the wetland at KP 5 to KP 5+500 and provide the following information:
Due date: 2018-12-03
Date closed: 2018-12-02 Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.
Observation 7 - CNC #2 - Wetland Ramp
Date & time of visit: 2018-11-29 16:30
In the wetland area from KP 28+800 to KP 29+300, the Inspection Officers noted the following:
Under Inspection Officer Order MMO-001-2018, the company was required to halt all work within 10m of the wetland at KP 28+800 to KP 29+300 and
Observation 8 - CNC #3 - Sediment Fence Repair at ~KP 23 + 380
Date & time of visit: 2018-11-29 11:29
Inspection Officers observed a partially downed sediment fence in temporary workspace at approximately KP 23 + 380. Company representatives indicated it was to manage water erosion. No work was occurring in the area and water in the area was partially frozen and not flowing at the time of the inspection. Inspection Officers asked when someone had last inspected the fence and Company Representatives were unable to provide this information. Weather over the previous days had been wet (rain, freezing rain) and work had been stopped two days prior due to adverse weather.
1. Repair the sediment fence at this location.Note - additional corrective action relating to the overall maintenance of erosion and sediment control measures can be found in NNC #3 (Off RoW Migration of Sediment).
Due date: 2018-12-04
Observation 9 - CNC #4 - Western Toad Information in Environment Orientation
Date & time of visit: 2018-11-27 08:00
Inspection Officers attended the Environmental Orientation provided to all workers and visitors. Attendees were referred to Western Toad factsheets posted in trailers for information on this species.The EPP includes an appendix about the Western Toad and outlines specific information that will be included in the Environmental Orientation about the Western Toad. Company Representatives indicated that the toad information was removed since they aren't expected to be encountered during the winter months. However, the EPP states that this information will be provided and doesn't provide seasonal guidelines. Additionally, some workers receiving the orientation in winter may still be involved in the Project in the spring and may not have received the required information during their training.Officers note that the Western Toad information was more thorough when they completed the Environmental Orientation for the Peace-Moberly Tract two days later; Company Representatives indicated that this information had been added back in once notified of the non-compliance.
1. Provide documentation showing that the orientation has been revised to include the necessary information about the Western toad.2. Provide the date that the information was removed from the training and an estimate on the number of workers who did not receive this part of the orientation.3. Provide a plan and date by which all workers will be educated on the Western Toad, including how NGTL will maintain records to determine that everyone has received the information.
Due date: 2018-11-30
Date closed: 2018-12-11 Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.
Observation 10 - CNC #5 - Idling Vehicles
Date & time of visit: 2018-11-29 12:39
During the inspection, Officers observed three pick-up trucks idling:
1. Turn off idling vehicles.This was observed by Officers in the field.2. Implement a plan to communicate to workers the EPP commitments about air emissions, including idling.This was addressed as part of Specified Measure #3 in Order AML-002-2018.
Due date: 2018-12-02
Date closed: 2019-03-06 Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.
Observation 11 - CNC #6 - Unstable Secondary Containment
Date & time of visit: 2018-11-29 12:22
Inspection Officers observed a diesel fuel tank (approximately 100L volume) and 2 gerry cans stored in a secondary containment structure adajacent to a road bore at road 5 (approximate KP 22 + 300). The secondary containment structure was constructed of wooden beams and lined with a poly tarp. The structure was unsealed (i.e., poly tucked in at corners) and was unstable and partially toppled over when some outward pressure was applied. Officers discussed the potential effectivness of containment with Company Representatives, who indicated that the structure would be replaced or modified to provide effectve containment.Photographs were provided to the Officers while in the field showing that this structure had been modified to provide more effective containment. This non-compliance and the requirements for secondary containment were also addressed as part of specified measure #3 in Inspection Officer Order AML-002-2018.
Place diesel tank in secondary containment structure capable of containing the stored product.
Observation 12 - Notice of Non-Compliance (NNC #1) - Hydrocarbon Spill at ~KP 4+700
Date & time of visit: 2018-11-28 13:39
While conducting the inspection in the vicnity of KP 4+700, Inspection Officers observed a hydrocarbon sheen on surface water along an area of the RoW approximately 500-1000 m in length. The RoW was wet at the time of the inspection, with water flowing down the slope and pooling (puddles) in some areas.
Compliance tool used: Notice of Non-compliance (NNC)
1. Provide evidence that the spill has been cleaned up.This information was provided to the Inspection Officers while in the field (on 29 and 30 November 2018).2. Confirm whether the source of the spill has been identified and how and when this was determined.If the source is not known:a) outline how NGTL attempted to determine the source and;b) explain what, if any, changes have been made to prevent a similar incident in the future.NGTL confirmed as part of Specified Measure #3 of IOO AML-002-2018 that the source of the leak was identified.
Date closed: 2018-12-14 Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.
Observation 13 - NNC #2 - Waste Management
Date & time of visit: 2018-11-28 10:00
Inspection Officers noted the following waste disposal issues during the inspection:
The company is required to provide the following information:
Observation 14 - NNC #3 - Off RoW Migration of Sediment
Inspection Officers observed a sediment fence installed at approximately KP 4 + 900 in a windrow gap. There was a gap approximately 5 cm wide between the spoil pile and the fence and sediment-laden water was observed flowing past the fence and off RoW into forested Crown land. The Inspection Officer observed the sediment trail extending approximately 20 m into the forest.This non-compliance contributed to Inspection Officer Order AML-002-2018.
1. Provide an assessment and corrective action plan for the off-RoW sedimentation.2. Repair the gap in the sediment fence.3. Describe how NGTL will monitor sediment fences for effectiveness and maintenance, including frequency and tracking.Note that part 2) was addressed while Officers were in the field.
Observation 15 - NNC #4 - Equipment Leak at ~KP 29 + 900
Date & time of visit: 2018-11-29 15:04
While conducting the inspection in the vicnity of KP 30 + 900, Inspection Officers observed approximately 5-8 pieces of heavy equipment (rock trucks, excavators) that were parked at the top of a steep slope on the south side of the Moberly River (approximately 100-150m from the river). Company representatives indicated that the equipment had not been in use that day due to the wet soil conditions (multiple days of rain/freezing rain/snow). A crew of 2-3 people was working in the area at the time of the inspection.Inspection Officers checked under the equipment and observed a small area (approximately 5 cm x 10 cm) of dripped oil on subsoil. Company representatives immediately cleaned up the spill once notified. The maintenance logs in the excavator indicated that the last service date was November 7 2018. The excavator also contained a safety checklist, which indicated that it had been checked for leaks the previous day.Inspection Officers discussed the expectations for checking equipment for leaks with Company Representatives who indicated that operators complete their check using the safety checklist found in the unit, which includes checking for leaks, and that this is done in the morning. Company Representatives further indicated that since the equipment wasn't in use that day, it would not have been checked since only mechanics and vehicle operators are expected to check the equipment for leaks. Company Representatives clarified that there was no expectation that the crew in the area would check equipment since they were not operators or mechanics.Inspection Officers note that although this equipment was parked at the top of a slope to the river, it is unlikely the oil would have reached the river due to the volume spilled, the distance to the watercourse and the barriers (including berms and spoil piles).The EPP states that equipment will be well-maintained and free of fluid leaks. The leak was immediately cleaned up, however, Inspection Officers require additional information about how this EPP commitment is met, particularly when equipment is not in use.
1. Clean up the leak.This was observed by Officers in the field.2. Provide a plan to be used to ensure equipment is free of leaks when the the equipment is not in use for an extended period of time (i.e., when the daily checklist isn't completed by the operator).
Observation 16 - Inspection Officer Order (IOO) MMO-001-2018
Date & time of visit: 2018-11-29 17:35
The following observations are in Order MMO-001-2018 published on the NEB's Compliance and Enforcement Webpage.In the wetland in the vicinity of KP 5 to KP 5+500
Compliance tool used: Inspection Officer Order (IOO)
1. Stop all work within 10m of the above listed wetlands, and the wetland at KP 22+800 to KP 23.2. Ensure that no equipment or vehicles travel on the ramp at KP 28+800 to KP 29+300.3. Provide confirmation that the geotextile is properly installed on the ramp at the wetland at KP 28 + 800 to KP 29 + 300.4. For the wetland at KP 5 to KP 5 + 500:
Observation 17 - Inspection Officer Order (IOO) AML-002-2018
Date & time of visit: 2018-11-30 06:30
Refer to Order AML-002-2018 published on the NEB's Compliance and Enforcement Webpage.
Specified Measures:1. Stop all work on Spread 1 of the Project, with the exception of:
2. Submit documentation to the Inspection Officer demonstrating the actual and potential non-compliances summarized in points 1-11 above have been corrected.3. Develop a plan to ensure that all Project personnel are:
4. Demonstrate how the plan outlined in part 3) was implemented.
Identified non-compliances to company plans or procedures are non-compliances either to:
- the condition of an authorization document that requires the implementation of that plan or procedure; or
- the relevant section of the regulations that requires implementation of that plan or procedure including those sections that require implementation of plans or procedures as a part of a Program
