ARCHIVED - Order DWL-001-2014 to Enbridge Pipelines Inc. pursuant to Section 51.1 of the National Energy Board Act
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INSPECTION OFFICER ORDER NO. DWL - 001 - 2014
IN THE MATTER OF THE NATIONAL ENERGY BOARD ACT,
AN ORDER UNDER SECTION 51.1
is employed by Enbridge Pipelines Inc. (Enbridge), and/or is a person conducting an excavation or construction on or near a facility located at Cromer, Manitoba.
On 9 and 10 July2014, the undersigned National Energy Board Inspection Officer conducted an inspection of the Line 3 Replacement Project (the Project).
The Inspection Officer has noted the following:
During the inspection of the Project it was observed that multiple construction mitigation measures committed to by Enbridge in its Environmental Protection Plan (EPP) to conserve topsoil, control erosion and manage drainage were not implemented. This lack of EPP implementation has resulted in numerous non-compliances observed both on and off the construction right-of-way causing environmental damage to wetlands and property damage to a substantial amount of agricultural land. Erosion, lack of safe agricultural access, open excavations and open trenchlines also pose a hazard to safety of the public and employees. The resumption of construction activities by Enbridge without a full assessment of damages would cause further detriment to property, safety of the public and the environment.
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 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 excavation activity or construction of a facility as per 49(2)(a).
Therefore, is HEREBY ORDERED, pursuant to sections 51.1 and 51.1(2) of the National Energy Board Act, to
- Enbridge will not re-start construction, nor bring any construction equipment, or allow a contractor to access the site in relation to re-starting construction on the Line 3 Replacement Project (Project) until a resume work order is issued by a NEB Inspection Officer, except for the purposes of measures 2 and 3.
- Enbridge will immediately address any safety concerns on the Right of Way (RoW), including installation of fencing and signage, where applicable, around any open excavation or trenches.
- Enbridge will immediately create safe access across the RoW on the land owned by or for their farm equipment. The access plan is to be developed in consideration of concerns raised by the and in accordance with the project EPP requirements.
- As soon as practicable, but in any event prior to 4 August 2014, Enbridge will complete a detailed assessment documenting all safety and environmental issues, including access to agricultural lands, identified both on and off of the RoW related to the Project (Assessment) and create an action plan (Action Plan) with a detailed timetable for addressing each item. Enbridge will take into consideration all concerns presented by landowners that are related to the Project as part of this assessment. Should Enbridge disagree with any of the concerns presented by landowners, the company will provide a detailed explanation as to why further actions to rectify those concerns are not warranted. The Assessment and Action Plan will be submitted for approval to a NEB Inspection Officer prior to the issuance of a resume work order.
- Prior to 31 August 2014, Enbridge will review and revise its EPP to include the Assessment and work required by the Action Plan outlined in measure 4 above. The revised EPP will be submitted to a NEB Inspection Officer for review.
- In the revised EPP, Enbridge will provide details on how the company will restrict and monitor site access to ensure club root contamination procedures are in place 24 hours a day during and after construction, and for the duration of any reclamation work.
|Name||IO Designation #||Telephone|
|18 July 2014||
|517 Tenth Avenue SW Calgary AB T2R 0A8|
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