ARCHIVED – Order AML-002-2018 to NOVA Gas Transmission Ltd. pursuant to section 51.1 of the National Energy Board Act

INSPECTION OFFICER ORDER NO. AML-002-2018

IN THE MATTER OF THE NATIONAL ENERGY BOARD ACT,
AN ORDER UNDER SECTION 51.1

is employed by NOVA Gas Transmission Ltd. (NGTL), and/or is a person conducting a ground disturbance or construction on or near a facility located nearChetwynd, British Columbia.

On or about 27-29 November 2018, the undersigned National Energy Board Inspection Officer conducted an inspection of the North Montney Project (the Project), Spread 1.

The Inspection Officer has determined that a hazard is being or will be caused based on the following facts:

From 27-29 November 2018 the Inspection Officer conducted an inspection of approximately 10 km of right-of-way (RoW) and a laydown yard and identified numerous non-compliances to the Project’s Environmental Protection Plan (EPP). The actual and potential non-compliances can be summarized as:

1. On 28 November 2018 at approximate KP 4+700 on 28 November 2018 the Inspection Officer observed a hydrocarbon sheen in several locations over an area extending approximately 500m to 1000m. As of 29 November 2018 NGTL was unable to provide evidence that the spill had been entirely cleaned up and that the source of the spill had been identified and repaired.
2. On 28 November 2018 at KP 4+700 on 28 November 2018 the Inspection Officer observed a sediment fence had been placed across the gaps in spoil piles at the edge of the RoW. Sediment migrated through a gap in the fence and traveled approximately 20m off-RoW onto Crown land.
3. On 29 November 2018 at approximate KP 30+900 the Inspection Officer observed an excavator leaking oil. The excavator was not in operation and NGTL representatives confirmed that none of the crew in the immediate vicinity of the excavator and several other pieces of heavy equipment were expected to inspect the equipment for leaks as they were not operators or mechanics.
4. On 29 November 2018, at various points along the right of way between KP 23+700 and KP 24+800 the Inspection Officer observed that sediment fencing had been placed across the gaps in spoil piles at the edge of the RoW, and that there were gaps between the sediment fence and the spoil piles, thereby creating a channel for water flow that by-passes the sediment fencing. 
5. On 29 November 2018 at approximately KP 24 + 800 the Inspection Officer observed that a ramp had been constructed over a bar ditch and a non-fishbearing waterbody. Sediment fencing was not installed on one side of the ramp to prevent ramp material from entering the ditch and/or waterbody and was only partially installed on the opposite side.
6. On 29 November 2018 at KP 23+380 the Inspection Officer observed a partially collapsed sediment fence. NGTL representatives were unable to provide a schedule or log outlining how sediment fences are monitored and maintained.
7. On 29 November 2018 at KP 22 + 300 the Inspection Officer observed a diesel fuel tank (estimated volume of 100L) stored within a secondary containment structure constructed of wood and a poly tarp. The poly tarp was tucked into the corners (i.e., not fully sealed) and the wooden walls of the structure were unstable.
8. On 29 November 2018 at approximate KP 30+000 the Inspection Officer observed grading material at the top of a steep slope to the Moberly River. Sediment fencing was observed at discrete locations at the base of the slope and it was unclear whether material migrating from the top of the spoil piles would be captured by the sediment fence before reaching the fish-bearing watercourse.
9. On 27-29 November 2018 the Inspection Officer observed multiple locations (including the laydown yard, ~KP 0+590, ~KP 4+600, ~29+500) where construction, food waste and/or cigarette butts were left on the Project Footprint.
10. On 29 November 2018 the Inspection Officer observed unoccupied pick-up trucks in multiple locations (including ~KP 30+900 and  KP 22 +300) idling for several minutes.
11. On 27 November 2018 the Inspection Officer attended the Project Environmental Orientation at the Braden Yard, which did not include information about the Western Toad required by the Board-approved EPP.
12. On 28-29 November 2018 the Inspection Officer observed potential or actual non-compliances at wetlands located at approximately KP 5 to 5+500 and KP 28 + 800 to 29 + 300. Refer to Inspection Officer Order MMO-001-2018.

Based on the above mentioned, the inspection officer has reasonable grounds to believe that a hazard to the safety or security of the public or of employees of a company or a detriment to property or the environment is being or will be caused by the construction, operation, maintenance or abandonment of the pipeline, or any part of a pipeline, an abandoned pipeline or any part of it, or a ground disturbance or the construction of a facility.

Therefore, is HEREBY ORDERED, pursuant to subsections 51.1(1) and 51.1(2) of the National Energy Board Act, to

Specified Measures^{Footnote 1}:

1. Stop all work on Spread 1 of the Project, with the exception of:
   • activities required to address the actual and potential non-compliances summarized in points 1-11 above; and
   • activities required to address any specified measures in MMO-001-2018.
2. Submit documentation to the Inspection Officer demonstrating that 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:
   1. aware of the environmental requirements outlined in the EPP; and
   2. their role in implementing the EPP requirements.
4. Demonstrate how the plan outlined in part 3) was implemented.

Inspection Officer

Inspection Officer		__________________________________ Signature
	IO Designation #
	30 November 2018
	Date
	210-517 10 Ave SW, Calgary AB  T2R 0A8

CVA # CV1819-525

Date modified:

2023-05-18