Compliance Verification Activity Report: CV2021-186 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Activity #: CV2021-186
Start date: 2020-07-16
End date: 2020-07-16

Team:

Regulated company: Trans Mountain Pipeline ULC

Operating company: Trans Mountain Pipeline ULC

Province(s) / Territory(s):

Discipline(s):

Related events:

Rationale and scope:

Environment Inspection of activities at Westridge Marine Terminal (WMT). Focus on WMT Portal Site works and foreshore area. Indigenous Monitors (IMs) from the Indigenous Advisory and Monitoring Committee also participated in the Inspection.

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: 2020-07-16 12:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Westridge Marine Terminal

 
S6 Diversion & Tunnel Portal SiteSee IR No. 1 for additional information about the Tunnel Portal Site and S6 Diversion.

Compliance tool used: No compliance tool used

Observation 2 - Notice of Non-Compliance (NNC) No. 1 - Trespass

Date & time of visit: 2020-07-16 12:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

​Stakes labeled “property line” were observed near the eastern edge of the SPEA site. The security fence was beyond this line, and evidence of earthworks were observed extending approximately 0.5 m beyond the property line stake.
 
Additional stakes in the area were labeled “boundary”. Company Representatives were unable to confirm on site whether the property line staking was accurate and Officers requested verification following the field component of the inspection.
 
Trans Mountain confirmed following the inspection that the property line staking was accurate and indicated that activities had encroached onto City of Burnaby property (approximately 0.6m). Trans Mountain confirmed that they informed the City of Burnaby, who expressed no concerns. Trans Mountain indicated their plan to leave the removed soil in place with reclamation to occur with other Project activities.  
 
Officers are satisfied with the corrective action implemented by Trans Mountain in response to the field-based questions and no additional action is required to address this non-compliance.

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

Regulatory requirement:

Relevant section(s):

Company action required:

1. Contact the landowner.
2. Determine a plan for reclamation.

Due date: 2020-07-17

Date closed: 2020-08-07
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 - NNC No. 2 - Site Access Temperature Screening

Date & time of visit: 2020-07-16 12:00

Discipline: Safety Management

Categories:

Facility:

Observations:

Prior to accessing Trans Mountain facilities, CER Inspection Officers (IOs) were required to undergo a temperature screening. The temperature screening took place in a tent approximately 6 feet wide, and 30 feet long. Workers were to pass through the tent in a one-way direction.  Upon arriving, the IOs observed the two testers were approximately 2-3 feet apart and not wearing masks. They donned masks upon seeing the IOs, and were wearing gloves and a mask while conducting testing. It is unclear to the IOs if masks were donned by the testers while testing individuals who went through before the IOs.  In the timeframe the IOs were discussing Covid protocols with Company Reps outside of the tent, they also observed at least seven workers entering the testing tent and being tested without masks, despite being within 6 feet of the tester. IOs observed a document in the tent with what appeared to be a tally count of the number of people going through the tent. The screeners confirmed that name/temperature details were not being documented.
 
When tested, the IOs’ initial screenings registered 34.9 and 35.5 degrees Celsius. The IOs asked whether this was abnormally low and were told the thermometer showed a ‘green’ results and they were normal and did not indicate a fever. One of the screeners did not know the normal physiological temperature range for adults and when asked how he would know if the temperature was abnormal, he indicated that the thermometer would show a ‘yellow/red’ result. Neither of the IOs were asked to wait 5-15 minutes and be retested, as required by Section 3.0 of Trans Mountain’s Covid Screening Protocol. The IO who tested 35.5 requested a second test, immediately after getting that result; the second result was 35.0 degrees Celsius. One tester indicated that the average temperature they are getting is 35 degrees Celsius.
 
During the opening meeting, Company Representatives indicated to IOs that temperature screening is conducted based on the Honour System and that they do not record and cannot confirm that all personnel complete this screening. IOs were told that the Covid questionnaire is required to be completed daily by employees and they need to keep the document on their person.  While on-site, IOs asked to see the forms of a few employees. Those workers indicated they went through the questions with their foreman who completed a form, per employee, which was submitted electronically to head office and he was not able to access them again after being submitted. 
 
IOs discussed their concerns with Company Representatives regarding temperature screening, inconsistent messaging regarding Covid questionnaires, and with Company Representatives and raised concerns regarding the implementation of COVID protocols. However, this matter has been addressed via a CER Safety Inspection (CV2021-217) and no additional corrective action is required as part of this Activity.

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

Regulatory requirement:

Relevant section(s):

Company action required:

No corrective action is required as part of this CVA as this is being addressed through CV2021-217.

Due date: 2020-08-07

Date closed: 2020-08-07
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 - NNC No. 3 - Grouting Activities

Date & time of visit: 2020-07-16 13:22

Discipline: Environmental Protection

Categories:

Facility:

Observations:

In the foreshore area, at arc cell 8A, a gap (approximately 1m x 0.5 m) was observed between two cells. Splatter from grouting activities was observed on the walls of both cells on either side of the gap, indicating that splatter had been sprayed through the gap, which is directly exposed to the marine environment.
 
IOs discussed the observation with Company Representatives who indicated that it would be blocked off, in a similar fashion to the gaps between other cells which had been blocked with plywood. A photograph was provided immediately following the inspection confirming that this had been completed.

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

Regulatory requirement:

Relevant section(s):

Company action required:

1. Provide a photograph showing that the gap has been blocked off. 2. Provide the Safety Data Sheet (SDS) for the grout. 3. Explain how Trans Mountain will prevent reoccurrence. 

Due date: 2020-10-02

Date closed: 2020-11-02
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 (CNC) No. 1 - Waste Management

Date & time of visit: 2020-07-16 12:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Throughout the inspection, IOs verified waste segregation practices at multiple locations around Westridge Marine Terminal. The following observations of non-compliant waste management practices were made, mostly within the WMT Portal area:

 
Several (4-6) pieces of litter were observed throughout the site which were picked up by Company Representatives.

Photographs demonstrating that this was completed was provided to Officers immediately following the inspection.

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

Regulatory requirement:

Relevant section(s):

Company action required:

1. Provide photographs demonstrating that the waste has been segregated appropriately.
 

Due date: 2020-07-17

Date closed: 2020-08-06
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 - CNC No. 2 - Missing Supplies from Spill Kit

Date & time of visit: 2020-07-16 12:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Throughout the inspection, IOs verified the contents of several (4-6) spill kits around the WMT.
 
A spill kit in the foreshore area was observed to be missing absorbent socks. The EPP requires that all worksites contain appropriate spill equipment.
 
Company Representatives provided photographs demonstrating the kit had been restocked immediately following the inspection. No additional corrective action is required.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

1. Provide photograph(s) demonstrating that the spill kit has been restocked.

Due date: 2020-07-17

Date closed: 2020-08-06
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 7 - CNC No. 3 - Lack of Hand Sanitizer at Water Stations

Date & time of visit: 2020-07-16 12:00

Discipline: Safety Management

Categories:

Facility:

Observations:

Numerous (8-10) water stations, consisting of a cooler with bottles of water and a recycling bin, were observed through the WMT. Hand sanitizer/hand washing stations were not observed at any of the water stations.
 
Trans Mountain’s COVID protocol requires that soap and water or hand sanitizer be available at all food areas.
 
IOs consulted with CER Safety Management Staff who confirmed that the lack of hand sanitizer at water stations is non-compliant with the COVID protocol.
Trans Mountain provided representative photographs demonstrating that the stations were stocked with hand sanitizer. No additional corrective action is required.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

1. Provide representative photos of several water stations showing that hand sanitizer has been provided.

Due date: 2020-07-17

Date closed: 2020-08-06
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 - IAMC Observation No. 1

Date & time of visit: 2020-07-16 12:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

CV2021-186 – WMT Portal Site
Indigenous Monitor Observations
Date and Time of Visit: July 16, 2020 ~0645 - 1500hrs
Facility: Kask Yard and Westridge Marine Terminal
IAMC IM Observations:
Kask Yard/Orientation
Met IOs and TM rep at Kask Yard. Underwent a COVID-19 screening that included individual temperature readings of each participant. The screeners were outfitted with masks but majority of the participants were not wearing masks through the screening process. The screening area was tented that did not easily accommodate a 6’ distance between people. There was a hand washing station outside the screening area – the addition of a garbage receptacle was recommended.
During the TM orientation it was clarified that masks are mandatory when maintaining a 6’ distance from others was not possible and for all people travelling on the company bus (being transported to and from WMT).
A brief overview of the Kask and WMT EPPs were reviewed, TM will look into whether a more recent Kask EPP is available (they were using a Dec 2017 Rev3; newer version early 2018?).
 
Westridge Marine Terminal Observations
Areas of Japanese Knotweed flagged near company trailers – treatments for removal underway. Stakes indicating “Property Line” were observed near the S6 watercourse – observed some encroachment beyond those stakes. IOs requested confirmation of the “Property Line”.
Company indicated that a “wetland” area near the S6 was NOT a wetland and some trees and soil were removed. Reclamation of that area would take place upon completion of the S6 diversion.
The S6 watercourse diversion was still underway. Water was being diverted via pumps and hoses to the East Water Treatment Plant. Some water observed on the roadway near the East WTP, company explained that some minor leaking on road better assisted with dust control in that area.
Stockpiles were sorted, covered and labelled – one stockpile missing label.
Equipment appeared clean and the company indicated that any equipment parked for more than 30mins was required to have spill trays placed under them – this appeared accurate based on observations during this days activity.
Numerous wash stations, water stations and garbage/recycling receptacles observed throughout the site. Discussed with company that proper sorting of garbage and recycling should be regularly encouraged to crews (observed some recyclables in garbage receptacles) – ongoing issue with company crews. Noted that water stations didn’t have hand sanitizer available to use before accessing the cooler of water bottles.
An IO requested to see a random crew members Covid form – it was not readily available as the company completes the form via an app. The crew foreman has access to Covid forms. Some discussion between IO and company reps about this particular procedure, follow up required.
Observed signs of grout sprayed at an arc cell in the foreshore area. IOs discussed remediation with the company.
Numerous wash stations and garbage/recycling receptacles observed throughout the site. Discussed with company that proper sorting of garbage and recycling should be regularly encouraged to crews (observed some recyclables in garbage receptacles) – ongoing issue with company crews (appropriate sorting).
Brief conversation with company Indigenous Monitor, no concerns indicated.
Wrap-up Overview
Company will provide/address:

Left site ~1500hrs
 

Compliance tool used: No compliance tool used

Observation 9 - Information Request (IR) No. 1 - Soil Excavation at SPEA Site

Discipline: Environmental Protection

Categories:

Facility:

Observations:

During the Opening Meeting, Company Representatives provided a summary of activities related to the S6 watercourse diversion at the WMT Portal Site. The summary included a discussion of dewatering and soil removal in the Streamside Protection and Enhancement Area (SPEA) that commenced in April 2020. Company Representatives indicated that the SPEA is a municipal designation from the City of Burnaby and that the City had approved the works.

At the time of the inspection, the SPEA was observed as a gravel area approximately 100 m x 20 m. Company Representatives indicated that soil was excavated to a depth of approximately 3-4 metres.

After additional field-based discussions, Company Representatives indicated that the soil removal and gravel placement was required for installation of a security fence that was conducted under Operations and Maintanence Acitivty OM2018-336.

Officers note that the soil removal and placement of gravel was not noted as part of the S6 watercourse diversion and require additional information to verify compliance.

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Provide the following documents:
- EI daily reports for the following dates: 28 February 2020, 21-23 March 2020, 14-15 April 2020, 11 May 2020;
- confirmation of the number of trees cleared at the portal site;
- approval from the City of Burnaby for work in the SPEA area.

Due date: 2020-07-21

Date closed: 2020-11-02
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 - NNC No. 4 - SPEA Excavation

Date & time of visit: 2020-11-02 12:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Background - MO-042-2019

In 2018, Trans Mountain submitted a request to undertake Watercourse Diversion activities at Westridge Marine Terminal (2018 Request, A92466). This was approved by the NEB but not conducted as a result of the Federal Court of Appeal’s Tsleil-Waututh decision.
On 30 August 2019, Trans Mountain submitted a request (2019 Request, C01408) to carry out the Watercourse Diversion, with minor modifications to the 2018 Request. Trans Mountain noted that construction could not commence at the Westridge Tunnel Portal Site due to the ongoing detailed route process for Segment 7.7
The modifications from the 2018 Request were described as follows:

The Commission granted the Request and issued Miscellaneous Order MO-042-2019 (MO) on 13 September 2020 (C01620). The MO authorized Trans Mountain to conduct the Watercourse Diversion work outlined in the 2019 Request.

Observation

As outlined in IR No. 1, Officers observed an excavated area was observed in the vicinity of the S6 diversion. Trans Mountain identified this as the ‘SPEA’ Area (Streamside Protection & Enhancement Area) Trans Mountain indicated that approximately 1000 m3 of soil was removed from the excavated area and that this work was required to support installation of a security fence under OM2018-336.
OM2018-336 (A93364) includes the following information:Officers note that there is no description of the size of the excavation in OM2018-336, nor is the size of the excavation described in any of the updates for the Watercourse Diversion. An update to OM2018-336 was submitted by Trans Mountain and extended completion of fence to 31 August 2019. At the time of this Inspection in July 2020 the installation of the security fencing was not yet complete.

Information provided by Trans Mountain in response to IR No. 1 indicated a variety of work was underway in the Tunnel Portal area at the time of the Inspection, including electrical work not covered under the CPCN, the Tunnel Portal, the Watercourse Diversion and OM2018-336.
Additionally, the IR No. 1 Response includes a description of the soil replacement in the SPEA area, including the following (emphasis added):It is unclear from the response to IR No. 1 whether the area of the excavation was extended in size (i.e., from that required for the security fence) or whether it was intended for the purposes of the Watercourse Diversion.

Officers note that MO-042-2019 only approved work outlined in Trans Mountain’s 2019 Request. Although the 2019 Request indicated that the Watercourse Diversion would be permanent, no additional details were provided other than stating that the modifications (i.e., from the 2018 Request) were minor and would not impact any third party.

On 13 August 2020 Trans Mountain filed an Updated Plan for the Watercourse Diversion with the Commission (C07827). The Updated Plan breaks the Watercourse Diversion into two Phases (temporary and permanent), and notes that the permanent diversion includes the following:The Updated Plan does not mention the excavation of ~1000 m3 of soil and replacement of unsuitable material (SPEA Excavation) for the purposes of the headwall installation.

Trans Mountain filed a letter pursuant to Condition 1 of MO-042-2019 on 9 October 2020 (C08841) confirming the completion of Watercourse Diversion and indicating that, other than an NNC for work outside the approved footprint (NNC 1; CV2021-464), the diversion works were completed and constructed in accordance with all applicable Project conditions and commitments.

Officer Determination

Trans Mountain has attributed the SPEA Excavation to both OM2018-336 and the Watercourse Diversion but has been unable to adequately demonstrate that the SPEA Excavation has been authorized by the Commission as it is not included in any filings for either activity.
CER Inspection Officers have determined that Trans Mountain is in non-compliance as follows:Recognizing that there is ambiguity relating to the SPEA Excavation given the overlapping works described above, Officers are using their discretion and issuing only one Notice of Non-Compliance for the SPEA Excavation.
 

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

Regulatory requirement:

Relevant section(s):

Company action required:

1. Report on the next c. 106 filing.

Due date: 2020-12-11

Date closed: 2020-12-22
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

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