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PART IIEnvironmental Terms and Conditions (continued)

Fuel and Other Hazardous Material (continued)

  •  (1) Foothills shall establish such procedures as are satisfactory to the designated officer to detect any loss of fuel or other hazardous material at any storage and handling facility.

  • (2) Where any loss of fuel or other hazardous material referred to in subsection (1) occurs, Foothills shall investigate the cause of such loss and take such measures as are satisfactory to the designated officer to prevent further loss.

 Foothills shall not

  • (a) use, transport or dispose of any radioactive materials, or

  • (b) use herbicides or pesticides except for domestic use,

unless such use, transportation or disposition, as the case may be, is approved by the designated officer.

Waste Management

  •  (1) Foothills shall ensure that liquid or solid wastes produced as a consequence of the construction, operation or abandonment of the pipeline are collected and, where required by the designated officer, treated in a manner satisfactory to the designated officer.

  • (2) Foothills shall dispose of the liquid and solid wastes referred to in subsection (1) in a manner satisfactory to the designated officer.

 Foothills shall not use borrow pits as liquid or solid waste disposal sites unless such use is approved by the designated officer.

 Foothills shall establish procedures satisfactory to the designated officer for the handling and disposal of any wastes containing a hazardous material.

 Foothills shall establish procedures satisfactory to the designated officer to prevent access by carnivorous mammals and bears to waste disposal sites, incinerator sites or other waste storage or treatment sites and to minimize the attractiveness of such sites to such mammals and bears.

  •  (1) Foothills shall

    • (a) monitor the operation of its liquid waste treatment facilities and the quantity and composition of effluent discharges therefrom, and

    • (b) evaluate the effectiveness of its solid waste management procedures

    at such times as directed by the designated officer.

  • (2) Foothills shall, within a reasonable time, report the results of the monitoring referred to in subsection (1) to the designated officer.

  • (3) Foothills shall take any remedial measures with respect to solid waste management and liquid waste treatment as directed by the designated officer.

Granular Materials, Borrow Pits and Quarries

 Where Foothills uses a borrow pit or quarry, Foothills shall minimize to the satisfaction of the designated officer

  • (a) the disturbance of the environment in the vicinity of the borrow pit or quarry;

  • (b) the amount of land used for the borrow pit or quarry; and

  • (c) the amount of materials extracted from the borrow pit or quarry.

 Foothills shall, where possible, use existing roads, trails or cutlines for access to borrow pits or quarries.

 Foothills shall not extract granular materials from the bed of a waterbody unless that part of the bed of the waterbody from which such materials are to be extracted is dry.

 Foothills shall leave buffer strips of undisturbed vegetation between any borrow pit or quarry that it opens and any adjacent road.

  •  (1) Foothills shall not, without the approval of the designated officer, use a borrow pit or quarry within or adjacent to a waterbody, swamp, marsh, bog or fen.

  • (2) Where the use of a borrow pit or quarry referred to in subsection (1) has been approved by the designated officer, Foothills shall take such measures as are satisfactory to the designated officer to protect fish and fish habitat in that waterbody, swamp, marsh, bog or fen, as the case may be.

  •  (1) When directed by the designated officer, Foothills shall close and rehabilitate, in a manner satisfactory to the designated officer, any borrow pit or quarry that it uses.

  • (2) Where Foothills is required to rehabilitate a borrow pit or quarry pursuant to subsection (1), it shall, to the satisfaction of the designated officer,

    • (a) stabilize the ground surface; and

    • (b) re-establish vegetation similar to that in existence before the excavation of the borrow pit.

 Where Foothills uses any granular materials, such granular materials shall be used in a manner satisfactory to the designated officer and compatible with any other use of such materials in that portion of the Province through which the pipeline passes.

Blasting

 Foothills shall establish blasting procedures satisfactory to the designated officer to minimize

  • (a) any adverse effects on bird, fish or mammal populations, and

  • (b) any interference with fishing, hunting or trapping

in the area through which the pipeline passes.

 Foothills shall minimize blasting in or adjacent to any waterbody, swamp or marsh.

 Where Foothills intends to blast, it shall advise persons living in the vicinity of its intention and of the time of the intended blasting.

Water Crossings

 Foothills shall, when submitting construction procedures and schedules to the designated officer for his approval and when constructing the pipeline, take into account any particular environmental characteristic of any water crossing by the pipeline.

 Where Foothills submits a site-specific design for a water crossing to the designated officer for approval, Foothills shall include in the submission the information in respect of the hydrological and geotechnical conditions at that crossing that was used by Foothills in preparing the design.

  •  (1) Foothills shall

    • (a) inspect every pipeline water crossing for evidence of deterioration in bank stability and stream bed condition, and

    • (b) when directed by the designated officer, monitor the consequences of any pipeline water crossing

    in a manner satisfactory to the designated officer.

  • (2) Foothills shall report, within a reasonable period of time, to the designated officer the results of the inspection referred to in paragraph (1)(a) and, when required by the designated officer, the results of the monitoring referred to in paragraph (1)(b).

 Where the designated officer is of the opinion that remedial measures are necessary at a pipeline water crossing, Foothills shall take such remedial measures as are satisfactory to the designated officer.

 Where an impervious seam is cut in the bed of a waterbody during a trench excavation at a water crossing, Foothills shall take such measures as are satisfactory to the designated officer to restore water movements above the seam to their original pattern.

 When constructing the pipeline across a stream, Foothills shall trench, lay pipe and backfill as expeditiously as possible.

 Foothills shall, unless otherwise directed by the designated officer, on completion of any pipeline construction across a stream, restore the bed of the stream to its original shape by using the original materials of the stream bed or other material of equivalent stability.

Water Withdrawal, Water Discharge and Hydrostatic Testing

 Foothills shall take such measures as are satisfactory to the designated officer to ensure to the satisfaction of the designated officer that water withdrawals and discharges will not have an unreasonable adverse effect on

  • (a) the level or rate of flow of water in the waterbody or well from which the water withdrawal is made or into which the discharge is made;

  • (b) the existing use of the waterbody from which a water withdrawal is made or into which the discharge is made;

  • (c) the transportation on or access to the waterbody from which a water withdrawal is made or into which the discharge is made;

  • (d) the trapping or fishing by persons residing in the vicinity of the pipeline;

  • (e) the fish populations in or dependent on the waterbody from which the water withdrawal is made or into which the discharge is made; and

  • (f) any waterfowl or mammal populations using any waterbody or its margins from which a water withdrawal is made or into which a discharge is made.

  •  (1) Subject to subsection (2), Foothills shall ensure that, during any withdrawal of water from a waterbody for hydrostatic testing, the rate of flow or depth of water in that waterbody does not fall below such minimum as is specified by the designated officer.

  • (2) Foothills may withdraw water referred to in subsection (1) where the rate of flow and depth of water in the waterbody is below the minimum specified pursuant to that subsection if such withdrawal is approved by the designated officer.

 Foothills shall, when carrying out hydrostatic testing of the pipeline, carry out such tests in a manner that will minimize the use of water.

 Foothills shall appoint a qualified person to supervise the withdrawal and discharge of water for the construction or testing of the pipeline.

 Where Foothills withdraws water for the construction or testing of the pipeline, it shall install screens satisfactory to the designated officer on all water intakes.

 Foothills shall, in a manner satisfactory to the designated officer, furnish him with the details in respect of each water withdrawal or discharge used for constructing or testing the pipeline.

 Foothills shall take such measures as are satisfactory to the designated officer

  • (a) to avoid spilling any test fluid other than a spill caused by the failure of a pipe when being tested; and

  • (b) to contain and remedy the effect of any test fluid that has been spilled.

 Foothills shall conduct all hydrostatic tests of the pipeline in the presence of the designated officer or his authorized representative.

 Foothills shall, prior to discharging any hydrostatic test fluid, ensure that the fluid meets such standards of composition as are satisfactory to the designated officer.

Roads and Other Facilities

 Where Foothills is required to submit to the designated officer for approval the design and location of any access road or pipeline facility other than a road or facility on the pipeline right-of-way and the procedures to be used in the construction, operation or abandonment of that road or facility, Foothills shall take into account the local and regional environment including the following:

  • (a) hydrological characteristics;

  • (b) terrain conditions;

  • (c) ground thermal regime;

  • (d) wildlife and fish populations;

  • (e) land and water use for purposes other than for the pipeline;

  • (f) archaeological sites; and

  • (g) aesthetic value of the landscape and waterbodies.

 Foothills shall maintain any right-of-way travelling surface so that cross drainage is both efficient and effective without causing accelerated erosion or ponding.

 Where Foothills submits to the designated officer for approval a proposed crossing of a waterbody by an access road, Foothills shall propose the installation of bridges or culverts where, in the opinion of the designated officer, they are required to protect fish and fish habitat.

 Foothills shall, where required by the designated officer, render any access road built or rehabilitated by it, other than a road to be used by Foothills in the maintenance of the pipeline, impassable and take such measures as are satisfactory to the designated officer to control erosion of such road.

 Foothills shall not construct or use a bridge that consists of logs on top of which earth has been placed.

Machinery, Transportation and Construction Equipment

 Foothills shall take such measures as are satisfactory to the designated officer to minimize the use by Foothills of vehicles and transportation and construction equipment in any area other than on public and access roads and the pipeline right-of-way.

 Where Foothills operates machinery, transportation or construction equipment within any waterbody, such operation shall take place in respect of that waterbody during such time and in such manner as is satisfactory to the designated officer.

 Foothills shall equip and maintain all machinery and transportation and construction equipment with factory standard emission and noise control devices.

Inspection and Monitoring

  •  (1) Foothills shall, in a manner satisfactory to the designated officer, inspect the pipeline and the land and water disturbed by the pipeline, evaluate the results of the inspection and, when directed by the designated officer, monitor the environmental impact of the pipeline.

  • (2) When requested by the designated officer, Foothills shall, within a reasonable period of time, report the results of the inspection, evaluation and monitoring referred to in subsection (1) to the designated officer.

 Where the designated officer is of the opinion that the construction or operation of the pipeline has caused or is likely to cause a significant adverse environmental impact, Foothills shall take such measures as are satisfactory to the designated officer to mitigate or remedy the environmental impact and to prevent its recurrence.

Environmental Plans and Procedures Manual

  •  (1) Foothills shall prepare and submit to the designated officer an Environmental Plans and Procedures Manual, constituted in Parts, that sets out the procedures and measures Foothills intends to take to

    • (a) comply with this Part;

    • (b) carry out any environmental requirements imposed by law; and

    • (c) prevent, mitigate or remedy any adverse environmental impact that may result from the construction or operation of the pipeline.

  • (2) Each Part of the Environmental Plans and Procedures Manual referred to in subsection (1) shall be submitted to the designated officer for his approval in accordance with the schedule referred to in subsection (3).

  • (3) Foothills shall, by such date as may be fixed by the designated officer, submit to the designated officer a Parts schedule for his approval that sets out the procedures and measures to be dealt with in each Part referred to in subsection (1) and the date that each Part is to be submitted to the designated officer.

  • (4) The Parts schedule referred to in subsection (3), when approved by the designated officer, constitutes Foothills’ Parts schedule and Foothills shall comply therewith.

  • (5) Where the designated officer approves a procedure or measure set out in a Part submitted by Foothills pursuant to subsection (2), Foothills shall thereupon carry out such procedure or measure.

Submissions

  •  (1) Foothills shall submit to the designated officer, in accordance with a schedule approved by him,

    • (a) the environmental information used by it in preparing the Parts referred to in subsection 149(1); and

    • (b) construction scheduling and engineering design information necessary for a review and evaluation of the Parts referred to in subsection 149(1).

  • (2) Foothills shall, when requested by the designated officer, submit to him any studies, reports, analyses or other material on which the information submitted pursuant to section 74 or subsection 79(1) was based.

  • (3) Where Foothills conducts studies or gathers data or information when considering the effect, if any, of the construction or operation of the pipeline on the existing or potential use of any land or waterbody through which the pipeline passes for the purpose of taking into account such effect pursuant to section 54, such studies, data or information shall be submitted by Foothills to the designated officer when requested by him.

 

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