Compliance Verification Activity Report: CV2223-121 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Activity #: CV2223-121
Start date: 2022-09-26
End date: 2022-09-29

Team:

Regulated company: Trans Mountain Pipeline ULC

Operating company: Kinder Morgan Canada Inc

Province(s) / Territory(s):

Discipline(s):

Related events:

Rationale and scope:

TMX Spread 2 - Assessing implementation of EPP and associated resource specific plans for ongoing construction, including clean-up and reclamation activities and Project hand-over. Focus on watercourse and wetland crossings, including erosion and sediment control, as well as sites of Indigenous significance. 

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: 2022-09-28 12:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:


Reclamation
- Reclamation measures were observed at several locations along the right-of-way (RoW).
- Animal tracks (deer, moose) were observed in some reclaimed areas. Two moose were observed on the reclaimed RoW in the vicinity of wetland WT-386A.
- Recontouring appeared consistent with off RoW topography.
- Coarse woody debris was observed in areas where required.
- Company Representatives provided the following general information about reclamation on Spread 2:

Traditional Land Use Sites
- Reclamation progress was observed at TLU-13 and TLU-14 (approx. KP 141). In general, the area was well-vegetated, with up to 50-90% vegetation coverage. 
- Company Representatives provided the following information about TLU-14: - Discussions were held about when Indigenous communities could regain access to the area. See IR No. 2.

Hydrostatic Test Water Discharge Area
- North of the RoW at approximately KP 160+780;
- Treed/forested area, well vegetated;
- No evidence of erosion or sedimentation was observed;
- Details related to hydrostatic testing discharge at this location (including survey diagrams, photos, testing records) were reviewed as part of IR No. 1. 
- No non-compliances were observed.

Hydrostatic  Test Water Withdrawal
- McLeod River, withdrawal activities were completed the day prior to the inspection.
- equipment had been partially demobilized from site.
- pumps remained in place in the river within screened enclosures.
- no muddy areas or evidence of water loss to land.
- Site was generally tidy, stocked spill kit in place, secondary containment under equipment and equipment appeared to be in good working order.

Watercourse Crossings
Three fish-bearing watercourses were observed (Rooster Creek, Roundcroft Creek and Maskuta Creek). Reclamation measures had been completed at all three watercourses. No concerns were noted with respect to re-vegetation. Non-compliances were noted at Maskuta and Roundcroft creeks (see CNC No. 1 and NNC No. 2).

General/Miscellaneous
- Waste was appropriately segregated (3 bins) at KP 291. No evidence of contaminated products
- Clean-up activities were underway in the vicinity of KP 292, which is on Crown land. Areas with issues related to erosion and control were observed and discussions were held about monitoring and maintenance. See IR No. 3 for more information.
- Signs were in place for sensitive resources (e.g., wetlands, TLU sites)
- Soil piles were staked and labeled
- Several pieces of equipment were checked at random for spill kits, secondary containment and inspected fire extinguishers. No concerns were noted.
 

Compliance tool used: No compliance tool used

Observation 2 - Corrected Non-Compliance (CNC) No. 1 - Spill Kits

Date & time of visit: 2022-09-28 10:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

At Maskuta Creek (AB-188, KP 326.110), clean-up and bridge removal activities were in progress with multiple pieces of heavy equipment working in the vicinity of the fish-bearing watercourse. No large barrel-style spill kits (i.e., containing materials to contain a spill to water) were observed on either bank. Although the equipment is required to carry (smaller) spill kits, they do not contain material (e.g., absorbent booms) appropriate for responding to a spill to water. 

Trans Mountain provided photographs later in the day showing that a barrel-style spill kit had been placed on each bank and the EI indicated that clean-up crews were reminded to keep the spill kits on site until equipment has left the area. No further corrective action is required.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

1. Position spill kits at both sides of the watercourse crossing.
2. Provide a reminder to workers that spill kits are required to remain in place at all stages of construction.

Due date: 2022-09-29

Date closed: 2022-09-29
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 - CNC No. 2 - Idling Vehicles

Date & time of visit: 2022-09-28 12:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

The inspection occurred in the vicinity of KP 303 for approximately one hour. Over that time, three separate instances of unoccupied idling pick-up trucks were observed. No pre-heating/cooling of the vehicles was necessary as the weather at the time was 16oC (indicated in IO's vehicle upon leaving site) and there was no rain or wind. 

In each instance, Trans Mountain representatives spoke to the appropriate personnel to have the vehicles turned off. No explanations were provided for the idling.

Trans Mountain provided a reminder to all crews by way of a morning bulletin, which was provided to the IO prior to leaving the field. No further corrective action is required.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

1. Turn off idling vehicles.
2. Provide communications to workers regarding this issue.

Due date: 2022-09-29

Date closed: 2022-09-29
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 - Notice of Non-Compliance (NNC) No. 1- Inappropriate Workplace Materials

Date & time of visit: 2022-09-28 11:30

Discipline: Management System

Categories:

Facility:

Observations:

At approximately KP 303, a worker was observed with a hardhat sticker of an offensive hand gesture and an individual’s initials on it.

Company Representatives indicated there is zero tolerance for these materials in the workplace and that reminders would be sent to all crews and that the sticker in question would be removed/covered.

Prior to leaving the field, Trans Mountain provided confirmation that the sticker was removed/covered and indicated that a communication bulletin was provided to all crews. CER Inspectors attended Trans Mountain's inspectors meeting the following morning at which a reminder was provided regarding this matter. 
Officers note that inappropriate materials have been identified on several other activities:

On 15 April 2021, Gitane De Silva, Chief Executive Officer of the CER, sent a letter to all companies including Trans Mountain Pipelines ULC which noted behaviours and actions that will not be tolerated by the CER include, but are not limited to: The letter went on to say that all CER-regulated companies and their contractors should both expect to see and support the CER’s efforts to strive to protect people from harassment and violence.

Considering that CER Inspection Officers continue to observe inappropriate displays that present a psychological hazard in the Trans Mountain workplace, it is apparent that further measures are needed.
 

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

Regulatory requirement:

Relevant section(s):

Company action required:

  1. Describe measures Trans Mountain will implement to identify and then eliminate wherever possible, the psychological hazards presented by continued display of inappropriate messages across all spreads and facilities, including, but not limited to, ensuring:
    1. The competency of supervisors to address these hazards;
    2. The education and awareness training provided to all employees and workers;
    3. The Code of Conduct(s) workers are required to follow that prohibits such displays;
    4. The approach to ensure personal vehicles and personal equipment brought into the work place comply with the Code of Conduct;
    5. The types and frequency of inspections, compliance, and enforcement to monitor and control these psychological hazards;
    6. How Trans Mountain will measure its success in managing these psychological hazards.

Due date: 2023-01-16

Date closed: 2023-02-14
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 - NNC No. 2 - Roundcroft Creek

Date & time of visit: 2022-09-27 12:15

Discipline: Environmental Protection

Categories:

Facility:

Observations:

Roundcroft Creek is one of seven (7) watercourses on Spread 2 that are subject to a FIsheries Act Authorization Also Acting as a Permit Under the Species at Risk Act (Authorization) as it provides critical habitat for Athabasca Rainbow Trout (listed as Endangered under Schedule 1 of the Species at Risk Act).

The Authorization outlines conditions that apply to work at Roundcroft Creek, including conditions related to erosion and sediment control.

A vehicle crossing (clear-span bridge) was in place. The bridge deck was muddy and the wingwalls were covered in mud splatter. The state of the bridge and risk for introduction of mud into the watercourse and/or riparian buffer was discussed with Company Representatives who indicated that it's a high-travel area and that the bridge had been repaired and scraped of mud frequently but would be added to the corrective action log for additional maintenance.

At the time of the inspection, restoration activities had occurred within the bed and banks of the watercourse. Various erosion and sediment control measures were in place around the site, though some berms were damaged by vehicle traffic and did not appear functional. A sediment fence (constructed with filter fabric) and a keyed edge were in place immediately upslope of the riparian buffer. A small area of the keyed edge appeared to be slumping, and an area of sediment deposition (approximately 2.5 m2 and 1-3 cm deep) was observed within the riparian buffer approximately 1 m from the water.

Discussions were held with Company Representatives about the sediment deposition, which may have occurred from an event in July 2022, though photographs provided from the event did not show the area in question. 

Given that sediment deposition has occurred within the riparian buffer, and within 1 m of the fish-bearing watercourse, the IO has concluded that the erosion and sediment control measures at this location were inadequate. The IO consulted with biologists at Fisheries and Oceans Canada (DFO) in reaching this determination and notes that DFO was scheduled for a site visit at this location within 2 weeks of this activity.



 

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

Regulatory requirement:

Relevant section(s):

Company action required:

1. Provide details of any discussions held with DFO (related to Roundcroft Creek) during the site visit in October 2022.  Include any information related to erosion and sediment control, including the use of filter fabric (vs. impermeable material) and maintenance of erosion and sediment control measures.

2. Outline any changes or additions to erosion and sediment control measures at Roundcroft Creek and the frequency of planned inspections and maintenance of these measures.

3. Provide a timeline for completing final grade in this area.

Due date: 2023-01-13

Date closed: 2023-02-14
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