Compliance Verification Activity Report: CV1718-304 - Enbridge Pipelines Inc.

Overview

Compliance verification activity type: Field Inspection

Activity #: CV1718-304
Start date: 2017-08-21
End date: 2017-08-24

Team:

Regulated company: Enbridge Pipelines Inc.

Operating company: Enbridge Pipelines Inc.

Province(s) / Territory(s):

Discipline(s):

Related events:

Rationale and scope:

Environmental Inspection of Line 3 construction, spread 3. Focus on soil handling and prevention of weeds and pathogen spread and construction of watercourse and wetland vehicle crossings.

Compliance tool(s) used:

Facility details

Facilities:

Regulatory requirements

Regulatory requirements that apply to this activity:

Regulatory instrument number(s):

Observations (no outstanding follow-up required)

Observation 1 - General Observations

Date & time of visit: 2017-08-23 15:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

- NEB Inspectors observed approximately 45 km of cleared and/or graded right-of-way (RoW) during this inspection.
- Discussions with Spread 3 CAEPLA monitor revealed positive feedback and effective communication with the Company.
- NEB Inspectors requested and held a meeting with Indigenous monitors. The meeting revealed that the communication structure between Indigenous monitors and the Company is working effectively and that the monitors have the freedom to inspect the Project as they see fit, and that they feel supported in their role.
- General observations made by NEB Inspectors on the RoW include the following:

Compliance tool used: No compliance tool used

Observation 2 - Information Request #1 - Waste management

Date & time of visit: 2017-08-22 09:30

Discipline: Environmental Protection

Categories:

Facility:

Observations:

- NEB Inspectors spot checked waste segregation at the Spread 3 kick-off/laydown yard at KP 266 + 850.
- A red dumpster, with a label prohibiting hazardous waste, was checked and found to contain various construction materials, unused oil filters and an aerosol can of WD-40. NEB Inspectors questioned whether the WD-40 aerosol can would be considered hazardous waste and requested additional information from the Company.
- NEB Inspectors were provided with part of the Company's "Waste Management Plan" regarding the disposal of aerosol cans. This document classifies aerosol cans as non-hazardous waste in Saskatchewan and outlines disposal requirements for non-hazardous waste as "Landfill (small quantity - verify with landfill operator)".
- NEB Inspectors require additional information to verify compliance.

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Please provide the following information:

1. A definition of "small quantity" as noted in the Waste Management Plan, and a description as to how this definition was determined.
2. Details of any discussions that have occurred with the local landfill operator regarding disposal of aerosol cans.
3. How has waste stream segregation of hazardous and non-hazardous wastes been communicated to the contractor?
4. How will conformance with waste management procedures be monitored by Enbridge?

Due date: 2017-09-15

Date closed: 2017-09-15
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 - Corrected Non-Compliance #1 - Subsoil on Topsoil due to Damaged Sediment Fence

Date & time of visit: 2017-08-22 10:15

Discipline: Environmental Protection

Categories:

Facility:

Observations:

- NEB Inspectors observed a damaged sediment fence at a hotline and wetland vehicle crossing at approximatley KP 268 + 390.
- The sediment fence was damaged on the north side of the crossing, with subsoil observed on top of topsoil on the down gradient side of the fence.
- NEB Inspectors revisited the location at 11:20am (approximately 1 hour later) and observed that the fence had been repaired and the subsoil had been removed from the topsoil. Company representatives committed that an increased length of geotextile will be used for these types of crossings moving forward, which will optimize containment as spoil material spreads under weight of vehicle traffic.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

- The sediment fence was repaired immediately and the subsoil removed from the topsoil. A Company Representative indicated that further instructions will be provided to contractors to lengthen and wing sediment fences. No additional corrective action required.

Due date: 2017-08-22

Date closed: 2017-08-22
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 4 - Corrected Non-Compliance #2 & 3 - Maintenance of Sediment Fences at Two Locations

Date & time of visit: 2017-08-22 12:25

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Part 1
- At approximately KP 277 + 050, NEB Inspectors observed a silt fence on a hotline crossing that was nearly overwhelmed with spoil material and in need of repair.

Part 2
- Vehicle crossing at wetland SK-136, approximate KP 281 + 400.
- Two rows of sediment fencing were observed at the edge of the RoW protecting the wetland. Company representatives indicated that a rare plant had been identified during pre-construction wetland surveys and as a result the right-of-way in this area had been narrowed to avoid the rare plant site.
- Sediment fencing was observed installed along the north edge of the wetland vehicle crossing. This section of fencing was partially down and in need of repair at the time of inspection.
- The fence was repaired and a photograph was provided to the NEB Inspectors. Company representatives indicated that additional guidance regarding the installation of sediment fences will be provided to contractors. No additional corrective action is required.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Part 1
Enbridge will inspect and repair the silt fence on the hotline crossing at 277 + 050.

Part 2
The fencing was repaired and a photograph was provided to the NEB Inspectors. Company representatives indicated that additional guidance regarding the installation of sediment fences will be provided to contractors. No additional corrective action is required.

Due date: 2017-08-22

Date closed: 2017-08-22
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 5 - Corrected Non-Compliance #4 - Expired Inspection Tag on Fire Extinguisher

Date & time of visit: 2017-08-22 13:18

Discipline: Safety Management

Categories:

Facility:

Observations:

- NEB Inspectors observed a partially demobilized fine cleaning station at KP 282 + 760.
- A mobile air compressor (equipment number OR6169) was located adjacent to the cleaning station. The fire extinguisher on the air compressor had an expired inspection tag.
- Company representatives replaced the fire extinguisher and communicated to contractors to check all fire extinguishers and replace as necessary.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Enbridge shall either inspect and confirm fitness for duty or replace the fire extinguisher on the mobile air compressor unit (equipment number OR6169).

Due date: 2017-08-22

Date closed: 2017-08-22
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 6 - MacDonald Creek

Date & time of visit: 2017-08-22 14:48

Discipline: Environmental Protection

Categories:

Facility:

Observations:

- NEB Inspectors observed work that has been completed at MacDonald Creek, a fish-bearing watercourse (SK-WC26) at approximately KP 297 + 560.
- A spill kit was observed on site and was adequately stocked.
- Navigation signage was in place upstream and downstream of the crossing location.
- A clear span bridge was in place and was constructed in accordance with with Environmental Protection Plan (EPP).
- Sediment fencing installed according to EPP.
- 10m riparian buffer was maintained with adequate signage installed at crossing.
- Rare plant community at hilltop on east side of creek protected with snowfencing, buffer and signage.

Compliance tool used: No compliance tool used

Observation 7 - Corrected Non-Compliance #5 - Fuel Spill in Construction Yard

Date & time of visit: 2017-08-23 07:50

Discipline: Environmental Protection

Categories:

Facility:

Observations:

- When leaving the parking area in the Construction Yard, NEB Inspectors observed a small dark patch (less than 10cm x 20cm) with a hydrocarbon odor (possibly gasoline) on the graveled parking lot.
- Company representatives provided photographs showing that the area was cleaned and appropriate documentation was completed.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Enbridge will cleanup and appropriately dispose of the observed contamination.

Due date: 2017-08-23

Date closed: 2017-08-23
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 8 - East Side of the South Saskatchewan River

Date & time of visit: 2017-08-23 09:57

Discipline: Environmental Protection

Categories:

Facility:

Observations:

- NEB Inspectors observed activities underway (grading for HDD exit side pad) at the east side of the South Saskatchewan River at approximately KP 337 + 700.
- NEB Inspectors discussed soil handling procedures with the soil specialist and communication between contractors and the soil specialist.
- NEB Inspectors also met with the archaeologist for the Project and discussed procedures that are followed.
- Signage and fencing observed in place indicating the presence of rare plants off RoW .
- Signage in place indicating requirement for fine cleaning before arrival on site.
- Signage in place indicating traditional land use site in this area.
- NEB Inspectors observed geotextile sticking out of the subsoil in at least three locations. Since the geotextile was imbedded within subsoil, NEB Inspectors are of the opinion that this is likely remnant materials from a previous construction project, as there are several pipelines in the corridor at this location. NEB inspectors forwarded this matter to the attention of the NEB Compliance Program Manager for Environmental Protection for potential follow up via other compliance verification activities. Given that this material is not as a result of current construction activities, and since it was removed by the Company, this is not considered a non-compliance. The Company provided photographs showing that this material was removed.

Compliance tool used: No compliance tool used

Observation 9 - Corrected Non-Compliance #6 - Vehicle Crossing Construction

Date & time of visit: 2017-08-23 11:26

Discipline: Environmental Protection

Categories:

Facility:

Observations:

- NEB Inspectors observed an irrigation canal (watercourse SK WC-29) at approximately KP 338 + 820. The canal was dry at the time of the inspection.
- Appropriate signage was observed (including rare plants and 10 m riparian buffer).
- A temporary bridge was in place to allow vehicles to cross the canal, however, the bridge did not have a geotextile liner, as outlined in the Environmental Protection Plan.
- A geotextile liner was installed and photographs provided to NEB Inspectors.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Enbridge will install a geotextile liner on the vehicle crossing to prevent fine material from entering watercourse as per EPP.

Due date: 2017-08-23

Date closed: 2017-08-23
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 10 - Notice of Non-Compliance #1 - Removal of Vegetation in Riparian Buffer

Date & time of visit: 2017-08-23 11:47

Discipline: Environmental Protection

Categories:

Facility:

Observations:

- NEB Inspectors observed that vegetation had been removed within the 10 m riparian buffer at an irrigation canal (SK WC-29). The canal was dry at the time of the inspection. The area of riparian vegetation removed was south of the temporary bridge on the working side of RoW and on the east side of the canal.
- Company representatives indicated that the riparian vegetation on the west side of the canal had been removed in order to re-build a fence that had been removed for construction activities. Although NEB Inspectors recognize that the removal of riparian vegetation was required for the fence on the west side of the canal, NEB Inspectors are of the view that a greater area of riparian vegetation was removed than was absolutely necessary on the west side of the canal.

Compliance tool used: Notice of Non-compliance (NNC)

Regulatory requirement:

Relevant section(s):

Company action required:

1. Provide a discussion of the causes and contributing factors that led to the non-compliance. The discussion will include a description of the decision making framework utilized to determine what is "absolutely necessary" as per Section 9.0 subsection 26 of the EPP.
2. Provide an assessment of the impacts of the non-compliance and provide a plan to mitigate the severity of any identified impacts.
3. Develop, implement and provide a description of the plan implemented to prevent future occurence of unneccessary removal of riparian vegetation.

Due date: 2017-09-15

Date closed: 2017-10-10
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 11 - Wet soil area near WC-29 irrigation canal

Date & time of visit: 2017-08-23 11:55

Discipline: Environmental Protection

Categories:

Facility:

Observations:

- NEB Inspectors observed an area of rutting (approximately 5m x 2m) and potential admixing on the east side of watercourse crossing SK WC-29 (approximate KP 338 + 820) , to the south of the temporary bridge. This watercourse is an irrigation canal and was dry at the time of the inspection.
- Company representatives indicated that due to the size of the area of rutting, implementation of the Wet/Thawed Soils Contingency Plan was not required. Company EI indicated that the equipment entered the area and realizing the soil was wet, backed out without twisting tracks to minimize impacts. Company representatives indicated that this site will be monitored as part of the post-construction monitoring program for the Project.
- NEB Inspectors have not identified any non-compliances at this location at this time.

Compliance tool used: No compliance tool used

Observation 12 - Corrected Non-Compliance #7 - Geotextile Required on Temporary Bridge

Date & time of visit: 2017-08-23 12:34

Discipline: Environmental Protection

Categories:

Facility:

Observations:

- NEB Inspectors observed watercourse crossing SK WC-33. This irrigation canal was dry at the time of the inspection.
- Signage was in place for two wildlife features.
- Evidence of cattle activity was observed (pugging) along the banks of the watercourse.
- NEB Inspectors observed some stripping within the riparian buffer on either side of the temporary bridge. Company representatives indicated that this was to allow better access for bridge construction and to avoid working on topsoil. As the Environmental Protection Plan includes provisions allowing for stripping within the buffer with approval of the Environmental Inspector, NEB Inspectors note these site observations to be compliant with EPP requirements.
- The temporary bridge installed to permit vehicle crossings over the canal did not include a geotextile liner, as required by the Environmental Protection Plan.
- Company representatives provided photographs demonstrating that this was corrected and provided details to prevent future occurrences.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Enbridge will install geotextile liner on the vehicle crossing to prevent fine material from entering the watercourse.

Due date: 2017-08-23

Date closed: 2017-08-23
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 13 - Corrected Non-Compliance #8 - Topsoil Storage within Riparian Buffer

Date & time of visit: 2017-08-23 13:05

Discipline: Environmental Protection

Categories:

Facility:

Observations:

- NEB Inspectors observed riparian topsoil stored within the 10m riparian buffer (approximately 2m from channel with sediment fencing in place) on both sides of watercourse SK WC-33.
- Company representatives provided photographs showing that the topsoil had been moved to a location outside the 10 m buffer and outlined a plan to prevent future occurrence.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Enbridge shall move the topsoil outside of the 10m riparian buffer zone of this watercourse and provide photographic evidence upon completion of these works.

Due date: 2017-08-23

Date closed: 2017-08-23
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 14 - Corrected Non-Compliance # 9 - Soil Storage Outside Temporary Workspace Boundaries

Date & time of visit: 2017-08-23 13:11

Discipline: Environmental Protection

Categories:

Facility:

Observations:

- NEB Inspectors observed soil stored outside the temporary workspace boundaries at approximately KP 341 + 100.
- Company representatives provided photographs demonstrating that the soil had been moved back within the Project boundaries and indicated that temporary workspace would be better marked where necessary to prevent future occurrence.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Enbridge will remove the soil stockpile from the trespassed area and provide photographic evidence upon completion of these works.

Due date: 2017-08-23

Date closed: 2017-08-23
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 15 - Notice of Non-Compliance #2 - Vehicle Crossing Inadequate

Date & time of visit: 2017-08-23 14:06

Discipline: Environmental Protection

Categories:

Facility:

Observations:

- Multiple deficiences were observed at the ramp and culvert crossing installed at watercourse SK WC-35 (approximate KP 342 + 470).  The watercourse was dry at the time of the inspection.
- The sediment fence on the north side of the crossing was sagging under weight of spoil pressing against it and the t-bars were bent and leaning away from the ramp.
- The culvert beneath the crossing was almost entirely covered by sediment fence loaded with soil on the south side of the crossing which was observed with a hole (1-2 cm diameter) through which spoil was escaping.
- Company representatives provided photographs showing that the crossing had been removed and re-installed.

Compliance tool used: Notice of Non-compliance (NNC)

Regulatory requirement:

Relevant section(s):

Company action required:

1. Provide photographs showing that the ramp and culvert crossing have been appropriately rebuilt.
2. Provide a discussion regarding the cause of the non-compliance and any mitigating factors taken to address the non-compliance once discovered.
3. Develop, implement and provide NEB inspectors with a plan to prevent future occurrence of this non-compliance. The plan will consider and discuss any improvements identified and implemented with regards to monitoring.

Due date: 2017-09-15

Date closed: 2017-09-26
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 16 - Information Request #2 - Damaged Sediment Fence at Canal Crossing

Date & time of visit: 2017-08-23 14:35

Discipline: Environmental Protection

Categories:

Facility:

Observations:

- Sediment fencing at a vehicle crossing of a canal (watercourse [WC] - 102) was partially down. All-terrain-vehicle tracks were observed in the spoil material and over the downed fence which was strung across an access road paralleling the canal.
- NEB Inspectors are concerned that ongoing traffic along this access road may result in ongoing damage to the sediment fence, which could allow sediment to enter the watercourse. NEB Inspectors would like additional information regarding a solution that will provide protection to the watercourse while still maintaining third-party access along the canal.

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Please provide the following information:

1. A description of what happened, including a timeline.
2. A plan, based on communications with the local users of this access road, to prevent further issues and protect the watercourse.
3. Photos demonstrating that the solution outlined in part 2) has been implemented.
 

Due date: 2017-09-15

Date closed: 2017-09-26
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 17 - Corrected Non-Compliance #10 - Garbage on Right-of-Way

Date & time of visit: 2017-08-23 14:40

Discipline: Environmental Protection

Categories:

Facility:

Observations:

- NEB Inspectors observed several pieces of construction waste (e.g. a piece of geotextile) and other garbage (e.g. plastic water bottle) along the right-of-way. Approximately 10 pieces of waste were observed in total and all pieces were immediately picked up for proper disposal.
- Company representatives were observed communicating the need for improved housekeeping practices at the morning Inspectors meeting. No additional corrective action is required at this time.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Enbridge will collect waste generated from the work site and dispose of it an an approved facility.

Due date: 2017-08-23

Date closed: 2017-08-23
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 18 - Notice of Non-Compliance #3 - Biosecurity Documentation

Date & time of visit: 2017-08-24 12:10

Discipline: Environmental Protection

Categories:

Facility:

Observations:

- During the inspection, NEB Inspectors randomly selected twelve pieces of equipment and requested documentation to demonstrate that the selected equipment had been appropriately cleaned.
- When NEB Inspectors arrived at the Construction Yard to review the requested documentation, the following information was provided by Company representatives:

- NEB Inspectors reviewed records of up-to-date inspections of equipment on the right-of-way (RoW) and spot-checked individual cleaning logs.
- NEB Inspectors determined that the situation was being appropriately managed by the Company, as equipment was permitted to return to work only as records became available and were found to be complete. A Company representative stated that any equipment for which cleaning records could not be verified would be cleaned/disinfected as requried and documented prior to returning to work or it would be removed from the RoW.
- Company representatives indicated that another position dedicated to biosecurity (equipment cleaning auditor) would be added immediately to ensure appropriate recordkeeping demonstrating that all equipment on the RoW has been cleaned.
- NEB Inspectors observed compliant biosecurity protcols during the inspection, including cleaning station in place and cleaning and sanitization practices being followed and are of the opinion that this non-compliance relates to record keeping and document control.

Compliance tool used: Notice of Non-compliance (NNC)

Regulatory requirement:

Relevant section(s):

Company action required:

1. Provide a summary of the results of the 24 August 2017 record check, including the number of pieces of equipment for which cleaning logs were found to be incomplete or missing and what was done to address the incomplete/missing records.

2. Provide the plan that will be/has been implemented to improve record-keeping and documentation of cleaning logs. The plan will include a description of any changes made to improve related programs, processes and procedures.

Due date: 2017-09-15

Date closed: 2017-10-10
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 19 - Information Request #3 (follow-up to NNC #1) - 10m Riparian Buffer

Date & time of visit: 2017-09-15 15:09

Discipline: Environmental Protection

Categories:

Facility:

Observations:

- As part of the information provided in response to NNC #1, the Company stated that in the Environmental and Socio-Economic Assessment for the Project, all areas in the footprint were considered to require full clearing and that additional mitigation, such as narrowing up within the footprint, was determined to be a field call to further reduce potential clearing areas on the Project. The Company further stated that the extra temporary workspace was reduced in the 10m buffer area to minimize impacts to the watercourse.
- The Environmental Protection Plan (EPP) for the Project states that vegetation removal and equipment disturbance adjacent to watercourses and/or wetlands is to be limited to that which is absolutely necessary.
- NEB Inspectors requested additional information to verify compliance to the EPP.

 

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Please provide the following information on or before 19 September 2017:
 

Due date: 2017-09-19

Date closed: 2017-10-10
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 20 - Information Request #4 (Follow-up to NNC #3) - Biosecurity Documentation

Date & time of visit: 2017-09-15 15:34

Discipline: Environmental Protection

Categories:

Facility:

Observations:

- The Company in response to NNC #3 (Biosecurity Documentation) addressed documentation and record-keeping related to initial cleaning logs.
- It was unclear whether the changes would continue through to ongoing cleaning of equipement. NEB Inspectors requested additional information.
 

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Regarding item 2 (of NNC #3), please provide the following information on or before 19 September 2017:
 

Due date: 2017-09-19

Date closed: 2017-09-28
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

Observations (company follow-up required)

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