Compliance verification activity type: Field Inspection
Team:
Regulated company: Trans Mountain Pipeline ULC
Operating company: Kinder Morgan Canada Inc
Province(s) / Territory(s):
Discipline(s):
Rationale and scope:
Environmental construction inspection of Trans Mountain Pipeline ULC (TMPU)’s approved work activities at the Burnaby Terminal and Westridge Marine Terminal as part of the Burnaby Terminal Facility Piping Relocation and Decommissioning Project and the Trans Mountain Expansion Project. This inspection was conducted with monitors from the Indigenous Advisory Monitoring Committee (IAMC). Activities at the Burnaby Terminal included perimeter fencing installation and inspecting erosion and sediment control measures, and activities at the Westridge Marine Terminal included foreshore work (Phase 1) and observing clearing work previously completed at the tunnel portal location (Phase 39).
Compliance tool(s) used:
Facilities:
Facility Types
Life-cycle Phases
Regulatory requirements that apply to this activity:
Regulatory instrument number(s):
Observation 1 - Burnaby Terminal
Date & time of visit: 2018-04-23 14:25
Discipline: Environmental Protection
Categories:
Facility:
Observations:
General Observations:
Compliance tool used: No compliance tool used
Observation 2 - Westridge Marine Terminal
Date & time of visit: 2018-04-24 09:30
Marine Area (Phase 1):
Observation 3 - Notice of Non-Compliance (NNC) #1 - Erosion and Sediment Control
Date & time of visit: 2018-04-25 11:40
IOs observed erosion and sediment control measures implemented at various locations at the Burnaby Terminal which were installed inappropriately, including:
Compliance tool used: Notice of Non-compliance (NNC)
Regulatory requirement:
Relevant section(s):
Company action required:
TMPU shall undertake the following corrective actions:
Due date: 2018-07-09
Date closed: 2018-11-28 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
Observation 4 - Corrected Non-Compliance (CNC) #1 - Erosion and Sediment Control
Date & time of visit: 2018-04-23 17:30
IOs observed inadequate sediment fencing and erosion control measures on a cleared section of the slope along the eastern fence line of the Burnaby Terminal. IOs observed sedimentation in a wooded area beyond the fenced perimeter of the terminal, which had resulted from erosion of the disturbed sloped area along the eastern fence line during a recent rainfall event. Company representatives discussed a plan to improve erosion and sediment control measures along the slope, and stated that these would be implemented prior to the end of the inspection. These measures included re-establishing cross ditches and sediment fences as well as installing a sump, straw waddles and gravel cover at the bottom of the slope.
Compliance tool used: Corrected Non-compliance (CNC)
TMPU shall develop and implement a plan to revisit erosion and sediment control measures at this location, and take any needed corrective actions to remove sedimentation from the wooded area down gradient of the site.
Due date: 2018-04-23
Date closed: 2018-04-25 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 5 - CNC #2 - Secondary Containment
Date & time of visit: 2018-04-24 12:00
In one of the storage containers in the foreshore area, IOs observed that several types of cleaning products (8 x 3.78 L containers of windshield washer fluid and various household cleaning products) identified as hazardous on the label were stored without proper secondary containment.
TMPU shall place all materials identified as hazardous in appropriate secondary containment and provide photographs as evidence.
Due date: 2018-04-24
Date closed: 2018-04-24 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 6 - Information Request #1 - Rare Plant Survey
Date & time of visit: 2018-04-23 17:40
It was noted during pre-inspection document review that there is potential to support habitat for Roell's brotherella moss (Brotherella roellii), an endangered species, at the Burnaby Terminal. Company representatives indicated that the moss was not found during field surveys at the terminal. IOs require additional information regarding the Roell's brotherella moss surveys in order to verify compliance.
Compliance tool used: Information Request (IR)
TMPU shall provide the results of the targeted Roell's brotherella moss survey conducted in August 2017.
Date closed: 2018-08-01 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 - IR #2 - Hydroseeding
Date & time of visit: 2018-04-23 14:40
It was observed that hydroseed mixture had been broadly applied in the vicinity of tributaries to Silver Creek, including on top of erosion control blankets and chain link fencing adjacent to the tributaries on the northeastern perimeter of the Burnaby Terminal. IOs require additional information to verify compliance.
TMPU shall provide a response describing all components of the seed mixture (including any fertilizers and chemical additives) as well as an assessment of potential hazards associated with seed distribution to downstream ecosystems.
Observation 8 - IR #3 - Drainage Outflows
Date & time of visit: 2018-04-23 16:30
Rust-coloured deposits were observed in the Silver Creek tributary outlets. In addition, Indigenous Monitors and IOs noted the presence of an exposed pipe above the Silver Creek tributary outlets. IOs determined that the pipe in the outlets is provincially regulated and referred this matter to the provincial regulator. A company representative stated that these deposits had been previously investigated and determined to likely be caused by aquatic organisms or natural deposits of iron. IOs require additional information to verify compliance.
TMPU shall provide documentation demonstrating that the rust-coloured deposits are naturally occurring.
Observation 9 - IR #4 - Source of Sand
Date & time of visit: 2018-04-23 17:00
IOs observed numerous sandbags in use at both terminals, which company representatives indicated were filled with a clean, washed sand obtained from a local provider. IOs requested information on the source of the sand used to fill the bags.
TMPU shall provide IOs with documentation demonstrating that the source of the sand is clean and free from any potential contaminants.
Observation 10 - IR #5 - Straw
Straw was spread across multiple exposed and sloped areas as an erosion control measures at both Burnaby Terminal and Westridge Marine Terminal. Company representatives indicated that the straw used at these sites is certified weed-free. IOs require additional information to verify compliance.
TMPU shall provide IOs with a response and documentation (certifications) confirming that the straw used at Burnaby Terminal and Westridge Marine Terminal is certified weed-free. If the straw is not certified weed-free, please provide justification as to how TMPU intends to meet its commitments to prevent the spread of noxious weeds.
Observation 11 - IR #6 - Follow-Up to NNC #1
Date & time of visit: 2018-10-16 12:00
As indicated in NNC #1, IOs observed erosion and sediment control (ESC) measures implemented at various locations at the Burnaby Terminal which were installed inappropriately. The company was required to complete the following corrective actions:
Provide the following information:
Due date: 2018-11-02
Observation 12 - IR #7 - Follow-Up to IR #4
IOs observed numerous sandbags in use at both terminals, which company representatives indicated were filled with a clean, washed sand obtained from a local provider. IOs requested information on the source of the sand used to fill the bags.The company provided IOs with a third-party report presenting results of environmental testing of the Fraser River dredge sand stockpile from which the sand was sourced. IOs and Indigenous Monitors have reviewed the environmental analysis and require additional information.
Describe TMPU’s policies on the prevention of whirling disease with respect to the source of sand being used for the Project.
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