NOTICE OF DETERMINATION

August 23, 2022 – Transport Canada has determined that the proposed Relocation of marine lines at the Saint-Augustin Wharf is not likely to cause significant adverse environmental effects.

This determination was based on a consideration of the following factors:

  • impacts on rights of Indigenous peoples;
  • Indigenous knowledge;
  • community knowledge;
  • comments received from the public; and
  • technically and economically feasible mitigation measures.

Mitigation measures taken into account for this determination are:

Technical requirements of the works

  • The dismantling must comply with the Code de construction de la Loi sur le bâtiment du Québec and any other law and regulation in force for these types of work.
  • For the sections of pipeline that will be removed, this work must be supervised by a Chartered Auditor (V.A.) recognized in the list provided by the Régie du bâtiment du Québec
  • The "new pipeline installation on a port site" form must be completed and sent to TC.
  • New lines must comply with Environment Canada's Storage Tank Systems for Petroleum Products and Allied Products Regulations.

Protection of existing wells

  • Verify the presence of groundwater observation wells and water quality monitoring equipment in the work area. If necessary, take appropriate measures to protect these facilities and equipment.

Use of machinery

  • The machinery used must be in good working order. All machinery must be inspected before the start of work and on a regular basis during the work to ensure that there is no breakage that could cause a hydrocarbon leak.
  • Machinery motors should be turned off when not in use.
  • General maintenance and refueling of machinery must be carried out on a watertight surface, more than 30 meters from any body of water. If it is impossible to respect this distance, the proponent must implement additional measures to mitigate the risk of spillage. These measures must be included in the work emergency measures plan.
  • Limit the emission of dust by using dust suppressants, if necessary. The products must meet the BNQ NQ 2410-300 standard "Dust suppressant for unpaved roads and other similar surfaces".

Soil management

  • During the work, if soils showing signs of contamination or residual materials are encountered, these must be stored on a waterproof membrane, covered with a waterproof membrane, analyzed and managed according to the applicable standards. The soils must be disposed of according to their levels of contamination in authorized sites that comply with the regulations in force. In this case, a characterization report, including the layout of the soil, must be produced by a specialized firm and sent to the Environmental Compliance Officer of Transport Canada.
  • If contaminated soils (or any other potentially contaminating materials) are excavated, these materials must be managed as hazardous materials and disposed of in accordance with the laws and regulations in force.
  • Storage of contaminated materials is strictly prohibited on TC property.
  • Backfill materials used must be free of contamination.

Management of hazardous materials and hazardous waste

  • If hazardous materials were to be used during the work, they must be stored in waterproof containers, protected from bad weather and protected from impact with any vehicle, more than 30 meters from any body of water. They must also be the subject of a section in the work emergency measures plan.
  • The contractor must comply with all applicable regulations regarding the transport, storage, handling and disposal of hazardous materials and hazardous waste.
  • Hazardous waste must be managed and disposed of according to the regulations in force by a company that holds authorizations from the MELCC. Keep the hazardous waste transport manifest.

Waste management

  • All residual materials (soil, waste, construction materials, etc.) must be sent for disposal or recovery outside TC property and managed in accordance with the standards in force. Routing/disposition slips shall be recorded, and upon request, forwarded to TC.
  • Ensure that the temporary storage of debris or materials during the work is done in such a way that they are not carried away by the wind or that there is no runoff towards a waterbody or a ditch and use containment methods where appropriate. For example, the materials could be placed and covered with a waterproof membrane.

Accidents and Malfunctions

  • A contingency plan in the event of a spill is put in place by the contractor. This emergency plan is available on site and communicated to all employees/workers on site. Employees are able to intervene in the event of an emergency.
  • An environmental emergency kit must be permanently kept near the machinery maneuvering areas and the employees trained in its use.
  • All the necessary spill response equipment is quickly accessible and permanently available during the work.
  • All personnel on the job site must know how to use emergency response equipment.
  • In the event of a spill, stop the leak, collect any spilled quantity as quickly as possible. Contain contaminated area, clean and remove contaminated material. Contaminated material must be kept in waterproof containers, protected from the weather and protected from impact with any vehicle, more than 30 meters from any body of water.
  • In the event of a spill of hydrocarbons or other hazardous materials, immediately report the situation to the emergency service of Environment Canada (1-866-283-2333), and the Canadian Coast Guard (1-800-363-4735).
  • At the end of the work, the work areas are cleared of equipment, machinery parts, materials, temporary installations, waste, scrap, rubble and rubble from the work.
  • The profiling of the land at the end of the work must ensure adequate drainage and ensure that no basins are created on TC land.

Protection of natural elements

  • Residual materials must be placed in containers provided for this purpose.
  • Pipeline elements and attachment structures removed during the work must be free of contaminants and disposed of in accordance with laws and regulations.
  • Any debris, either trash, concrete or residue, soil, etc. accidentally introduced into the aquatic environment must be removed as soon as possible.
  • All pipe washing residues and residual water from the work must be recovered and managed off TC property and in accordance with the regulations in force.
  • The water used to clean the concrete mixers or other equipment must be discharged into an area provided for that purpose and in such a way as to avoid any contamination of the terrestrial and aquatic environment.
  • In the event that migratory birds are present on the site, it is the responsibility of the contractor to take the necessary measures to comply with the Migratory Birds Convention Act, 1994.

Access to the site

  • Access to the distribution station must be restricted to authorized persons
  • Adequate signage must be put in place during the work to direct and secure traffic.
  • The work must be carried out during normal construction hours, i.e. from 7 a.m. to 7 p.m.
  • Protect existing facilities during the work.

Transport Canada is satisfied that that the carrying out of the project is not likely to cause significant adverse environmental effects.

Therefore, Transport Canada may carry out the project, exercise any power, perform any duty or function, or provide financial assistance to enable the project to be carried out in whole or in part.

Document Reference Number: 2

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