Where topsoil on agricultural land is disturbed or removed during construction of the pipeline, Foothills shall take such measures as are satisfactory to the landowner or tenant as soon as possible after the disturbance or removal to stabilize the surface or replace such topsoil of such agricultural land and to return it, as far as is practicable, to its previous level of productivity.

 Where, as a consequence of the construction of the pipeline, a fence or gate is damaged or destroyed by Foothills, Foothills shall, in consultation with the owner of the land on which the fence or gate is situated or the tenant thereof, repair or replace that fence or gate.

 Where Foothills requires access to the pipeline for the purpose of maintenance through land that is fenced, Foothills shall, in consultation with the landowner or tenant, construct and maintain a gate in the fence for such access.

 Where Foothills has stabilized the surface of agricultural land and returned it as far as is practicable to its previous level of productivity pursuant to section 118, Foothills shall

  • (a) inspect to the satisfaction of the landowner or tenant agricultural land that may have been or may be affected by the pipeline;

  • (b) report within a reasonable period of time to the designated officer any evidence of any adverse environmental impact on agricultural land; and

  • (c) take such remedial measures as directed by the designated officer in respect of any agricultural land discovered by the inspection to be affected by the pipeline.

Clearing

 Foothills shall minimize to the satisfaction of the designated officer any adverse environmental impact of vegetation-clearing operations by Foothills including such impact on erosion-sensitive terrain.

 Foothills shall, in respect of the construction of the pipeline,

  • (a) clear vegetation from only those areas essential for the construction;

  • (b) cut, stack and dispose of any merchantable timber cleared by Foothills in such manner as is satisfactory to the designated officer;

  • (c) leave a buffer strip of undisturbed vegetation satisfactory to the designated officer

    • (i) between any area cleared by Foothills of vegetation and an adjacent waterbody, and

    • (ii) between any area cleared of vegetation and an adjacent road;

  • (d) promptly remove any debris entering or likely to enter any waterbody as a result of the clearing of vegetation by Foothills; and

  • (e) take measures satisfactory to the designated officer to minimize windthrow in buffer strips.

  •  (1) Foothills shall, when clearing any area for construction, take measures to minimize to the satisfaction of the designated officer the operation of any machinery along or across any permanent or intermittent river or stream channel.

  • (2) Foothills shall not skid any logs along or across any unfrozen permanent river or stream channel or along any unfrozen intermittent stream channel.

 Foothills shall dispose of any debris resulting from the clearing of vegetation by Foothills in such manner as is satisfactory to the designated officer.

 Foothills shall not pile any debris resulting from the construction of the pipeline in a manner that creates a continuous barrier to big game animal movements.

Fuel and Other Hazardous Material

 Foothills shall

  • (a) establish procedures satisfactory to the designated officer to minimize the possibility of an accident occurring during the storage, handling and use of fuel or any other hazardous material;

  • (b) locate, in a manner satisfactory to the designated officer, storage and handling sites for fuel and hazardous material to minimize any contamination of any waterbody set out in the list referred to in section 94, any fish habitat set out in the list referred to in subsection 100(1) or any important fish harvesting area; and

  • (c) establish procedures satisfactory to the designated officer to contain and clean up any fuel or other hazardous material spilled, misused or allowed to escape.

 Foothills shall not, in constructing the pipeline,

  • (a) use bladder tanks to store fuel; or

  • (b) store fuel within 300 m of a waterbody unless it has obtained the approval of the designated officer.

  •  (1) Where Foothills uses a fuel storage area containing any above-ground tank exceeding 5 000 l in capacity, Foothills shall surround that area by a dyke of reinforced concrete or a dyke of earth lined with plastic or other impervious material.

  • (2) Foothills shall, in constructing a dyke referred to in subsection (1), comply with any requirements established by the designated officer for the design and location of the dyke and of the area that it surrounds.

  •  (1) Where Foothills stores more than 5 000 l of fuel in storage facilities at any place, it shall

    • (a) establish procedures satisfactory to the designated officer to detect any loss of fuel from such storage facilities; and

    • (b) record all fuel transfers to and from such facilities.

  • (2) Where Foothills determines that a loss of fuel has occurred from a storage facility referred to in subsection (1), it shall investigate the cause of such loss and take such measures as are satisfactory to the designated officer to prevent further loss.

  •  (1) Foothills shall establish procedures satisfactory to the designated officer to detect any loss of hazardous material at any storage or handling facility used by Foothills.

  • (2) Where there is any loss of hazardous material referred to in subsection (1), Foothills shall investigate the cause of the loss and take such measures as are satisfactory to the designated officer to prevent further loss.

 Foothills shall not

  • (a) use, transport or dispose of any radioactive materials, or

  • (b) use herbicides or pesticides except for domestic use

unless such use, transportation or disposition, as the case may be, is approved by the designated officer.

Waste Management

  •  (1) Foothills shall collect any liquid or solid wastes produced as a consequence of the construction, operation or abandonment of the pipeline and, where required by the designated officer, treat them in a manner satisfactory to the designated officer.

  • (2) Foothills shall dispose of the liquid or solid wastes referred to in subsection (1) in a manner satisfactory to the designated officer.

 Foothills shall not use

  • (a) a natural waterbody, swamp, marsh, bog or fen as a lagoon for the containment of any liquid or solid wastes referred to in subsection 133(1), or

  • (b) borrow pits as liquid or solid waste disposal sites

unless such use is approved by the designated officer.

 Foothills shall submit to the designated officer for approval any proposed location for a liquid waste lagoon or solid waste disposal site for use by Foothills during the construction of the pipeline.

 Foothills shall minimize to the satisfaction of the designated officer any contamination of any waterbody or groundwater by waste from solid waste disposal sites.

 Foothills shall establish procedures satisfactory to the designated officer for the handling and disposal of any waste containing a hazardous material.

  •  (1) Foothills shall meet any standards of composition as may be specified by the designated officer for the effluent from a liquid waste treatment system used by Foothills.

  • (2) Foothills shall discharge the effluent referred to in subsection (1) at times and under such conditions as are satisfactory to the designated officer.

 Foothills shall establish procedures satisfactory to the designated officer to prevent access by carnivorous mammals and bears to waste disposal sites, incinerator sites or other waste storage or treatment sites and to minimize the attractiveness of such sites to such mammals and bears.

 Foothills shall dispose of waste soil, rock, stumps, vegetation and other materials resulting from pipeline construction in such a manner as is satisfactory to the designated officer.

  •  (1) Foothills shall, in such a manner as is satisfactory to the designated officer,

    • (a) monitor the operation of its liquid waste treatment facilities and the quantity and composition of effluent discharges therefrom, and

    • (b) monitor the effectiveness of its solid waste management procedures

    at such times as directed by the designated officer.

  • (2) Foothills shall forthwith report the results of the monitoring referred to in subsection (1) to the designated officer.

  • (3) Foothills shall take such remedial measures as directed by the designated officer in respect of solid waste management and liquid waste treatment.

 
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