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ARCHIVED – Administrative Monetary Penalty – Enbridge Pipelines Inc. – AMP-010-2015
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NOTICE OF VIOLATION
REFERENCE NUMBER: AMP-010-2015
Information for Pipeline Company / Third Party / Individual:
|Name:||Enbridge Pipelines Inc.|
|Address:||425 - 1st Street SW
|Province / State:||Alberta|
TOTAL PENALTY AMOUNT:
Date of Notice:
2 June 2015
Regulatory Instrument #:
On 18 February 2015 Enbridge Pipelines Inc. was observed to be in violation of a NEB regulatory requirement. This violation is subject to an administrative monetary penalty, as outlined below.
1. VIOLATION DETAILS
Date of Violation:
from: 18 February 2015 to: 18 February 2015
Total Number of Days: 1
Has compliance been achieved?
If no, a subsequent NoV may be issued.
Location of Violation:
Short Form Description of Violation
(Refer to Schedule 1 of the AMP Regulations)
Provision and Short-form Description
NEB Onshore Pipeline Regulations
4 Failure to ensure that a pipeline is designed, constructed, operated or abandoned as prescribed (Type B)
Failure to comply with a term or condition of any certificate, licence, permit, leave or exemption granted under the Act (ss. 2(3) of the AMP Regulations)
2. RELEVANT FACTS
Briefly describe reasonable grounds to believe a violation has occurred
1. The National Energy Board Onshore Pipeline Regulations (OPR) 4(2) states: "Without limiting the generality of subsection (1), the company shall ensure that the pipeline is designed, constructed, operated or abandoned in accordance with the design, specifications, programs, manuals, procedures, measures and plans developed and implemented by the company in accordance with these Regulations". Section 6.6 of Enbridge's Environmental Guidelines for Construction 2013 addresses precautions that must be observed when working in fish habitats. Subsections 1.1 and 6.6 (4) state Enbridge employees and contractors must "suspend construction activities to allow for fish salvage to occur within the isolated areas prior to de-watering".
2. On 27 May 2014, Enbridge notified the NEB in writing of a planned integrity dig on Line 4 at MP 104.4521 GW 30710 involving an excavation to assess results from an in-line inspection (ILI) tool. Enbridge indicated after the assessment was completed appropriate repairs would be made. The notification indicated if work was in close proximity or within a wetland/water body, or de-watering is required for the activity, appropriate measures such as installation of aqua dams, construction of berms, or use of pumps would be utilized to safely carry out the work. Enbridge indicated that for work taking place within a wetland or water body, a site specific environmental plan will be developed outlining all mitigative measures to be taken, in accordance with the Enbridge Environmental Guidelines for Construction, Operational Statements of the Department of Fisheries and Oceans, and any additional requirements of municipal, provincial and federal authorities. The work was originally scheduled to be carried out between 1 July and 31 October 2014, but was delayed due to weather. On 22 January 2015, Enbridge advised the NEB that work at this site had been delayed and that it was expected the work would be completed by February 28, 2015.
3. On 12 February 2015, qualified environmental specialists employed by TERA Environmental Consultants assessed the integrity dig site. The crew found approximately 0.4 metres of water in the area. The crew started working on isolation and bridging of the site. It was determined that the proper materials were not available at that time to isolate based on the conditions. The crew was instructed to return to Calgary until equipment for isolation (i.e., aqua dams/sand bags) would be on site.
4. On 13 February 2015, qualified environmental specialists returned to the integrity dig site to isolate the work area. Once the aqua-dam was complete (upstream isolation) and sandbags with plastic sheeting were installed (downstream isolation), the crew began the fish salvage at approximately 18:00. The crew electro-fished and dip-netted for 1.5 hours. Due to the late hour, the crew decided to continue the fish salvage the next morning.
5. On 14 February 2015, qualified environmental specialists began day two of the fish salvage. The crew completed the fish salvage and fish processing at approximately 12:00. Between 13 and 14 February 2015, the crew captured 1507 fish (377 brook stickleback and 1142 fathead minnow). The fish salvage was conducted by qualified environmental specialists as required by Alberta Fish Research Licence FRL 14-3834 and Enbridge's Environmental Guidelines for Construction 2013.
6. On 18 February 2015, an Enbridge construction crew arrived at the site to begin the planned integrity work. During the water removal, additional fish were discovered by the construction crew. Instead of suspending construction activities to allow for fish salvage by a qualified environmental specialist as required by Enbridge's Environmental Guidelines for Construction 2013, the construction crew attempted to salvage the fish themselves using dip nets and buckets. The construction crew salvaged approximately 2,000 brook stickleback and fathead minnows, however the attempted salvage also resulted in 700 fish mortalities (a combination of brook stickleback and flathead chub). The fish salvage requirements as outlined in Alberta Fish Research Licence FRL 14-3834 listed the names of licensees (qualified environmental specialists) permitted to conduct the fish salvage. None of those individuals were on site to conduct or oversee the fish salvage on 18 February 2015 as required by Enbridge's Environmental Guidelines for Construction 2013.
7. On 19 February 2015, qualified environmental specialists returned to the site. After 1-2 hours of preliminary assessment, it was determined that previous isolation measures were not sufficient to achieve complete isolation at this site. Instead, it was decided that silt fencing be placed along the entire wetted width downstream and outside of the work space in order to keep fish from entering the isolation area.
8. On 20 February 2015, qualified environmental specialists resumed work isolating the area. Despite continuing efforts, isolation could not be achieved and work was stopped until a new plan could be put in place to properly isolate the area. Fish salvage efforts on this day resulted in an estimated capture and release of 17,300 fish with a ratio of approximately 60 fathead minnow for every 40 brook stickleback.
9. On 25 February 2015, Enbridge informed the NEB of the fish mortalities and provided additional information on the incident as requested. Enbridge indicated the planned integrity dig had been put on hold and was currently being re-evaluated to determine if it was necessary.
10. On 26 February 2015, the NEB notified the Department of Fisheries and Oceans (DFO) to inform them of the fish mortalities. DFO indicated the e-mail acted as sufficient duty to notify. DFO acknowledged the incident review already underway by the NEB and indicated DFO would take no further action on this file.
11. On 2 April 2015, in response to an NEB information Request, Enbridge indicated the original integrity dig on Line 4 at MP 104.4521 GW 30710 had been cancelled.
3. PENALTY CALCULATION
(a) BASELINE PENALTY (Gravity Value = 0)
|Category||Individual||Any Other Person|
|(Type B)||$10,000||X $40,000|
[Refer to AMP Regulations, Subsection 4(1)]
(b) APPLICABLE GRAVITY VALUE
[Refer to AMP Regulations, Subsection 4(2)]
|X||Other violations in previous seven (7) years||--||--||X||--|
|On 6 February 2015, a Notice of Violation to Enbridge Pipelines Inc. for failure to comply with a term or condition of any certificate, license, permit, leave or exemption granted under the Act (ss. 2(3) of the AMP Regulations) on its Edmonton to Hardisty Pipeline Project (AMP-002-2015). This penalty was paid in full on 13 February 2015.|
|Any competitive or economic benefit from violation||--||--||--|
|Reasonable efforts to mitigate / reverse violation’s effect||--|
|X||Negligence on part of person who committed violation||--||--||X||--|
|After Enbridge discovered that there were fish present in the isolation area it did not suspend the construction activities or have qualified environmental specialists present at the site to conduct the fish salvage as required by their own internal procedures and relevant provincial permits. Enbridge did not take all reasonable steps to prevent the fish mortalities on 18 February 2015.|
|X||Reasonable assistance to Board with respect to violation||X||--|
|Enbridge responded to NEB information requests regarding the incident.|
|X||Promptly reported violation to Board||X||--|
|Enbridge proactively reported the fish mortalities to the Board.|
|Steps taken to prevent reoccurrence of violation||--|
|Violation was primarily reporting / record-keeping failure||--||--||--|
Any aggravating factors in relation to risk of harm to people or environment
Failure of construction workers to follow Enbridge's approved environmental practices resulted in 700 fish mortalities. Had appropriate measures been taken, the NEB believes these mortalities would have been preventable.
(d) DAILY PENALTY
(The baseline penalty, adjusted for the final gravity level)
(e) NUMBER OF DAYS OF VIOLATION
(If more than one day, then the justification must be provided.)
Notes to explain decision to apply multiple daily penalties, or "Not Applicable"
4. TOTAL PENALTY AMOUNT
Note: The total penalty amount shown is based on the period described in Step 1 above. If compliance has not been achieved, a subsequent Notice of Violation may be issued.
5. DUE DATE
You have the right to make a request for a review of the amount of the penalty or the facts of the violation, or both, within 30 days after the Notice of Violation was received.
If you do not pay the penalty nor request a review within the prescribed period, you are considered to have committed the violation and you are liable for the penalty set out in the Notice of Violation. The penalty is due on the date indicated above.
The unpaid penalty amount is a debt due to the Crown and may be recovered by collection procedures stipulated in the Financial Administration Act.
The information regarding the violation may be posted on the NEB website:
- 30 days from the date this Notice of Violation was received or;
- upon issuing a decision following a Request for Review.
To Make Payment:
You may remit your fee payment by Electronic Funds Transfer (EFT) or by cheque payable to the order of Receiver General for Canada.
EFT payments can be arranged by contacting the Director of Financial Services, Monday to Friday, from 09:00 to 16:00 Mountain Time:
- Telephone: 403-606-0779 / 800-899-1265
Fax: 403-292-5503 / 877-288-8803
Cheques should be made out to the "Receiver General for Canada" and mailed to:
- National Energy Board
Centre 10, 517 - 10th Avenue SW
Your completed Payment form should be enclosed with your payment.
To Request a Review
Pursuant to the NEB Act, Section 144, you may file a request for a review of this Notice of Violation by the Board.
The date of filing is the date on which the document is received, as indicated by the date on an e-mail submission or the stamped on the document by a NEB employee.
If you elect to make a request for a review, complete and submit the attached Request for Review form to:
- Administrative Monetary Penalty - Reviews
National Energy Board
Centre 10, 517 - 10th Avenue SW
For more information on reviews, please see the Administrative Monetary Penalties Process Guide available on the NEB's website.
Administrative Monetary Penalties
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