Waste Management

  •  (1) Foothills shall ensure that liquid or solid wastes produced as a consequence of the construction, operation or abandonment of the pipeline are collected and, where directed by the designated officer, treated in a manner satisfactory to him.

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

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

 Foothills shall handle and dispose of any wastes containing a hazardous material in such manner as is satisfactory to the designated officer.

  •  (1) Where required by the designated officer, Foothills shall

    • (a) inspect the operation of its liquid waste treatment facilities and the quantity and composition of effluent discharge therefrom; and

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

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

Granular Materials, Borrow Pits and Quarries

 Where Foothills uses a borrow pit or quarry, Foothills shall minimize to the satisfaction of the designated officer

  • (a) the disturbance of the environment in the vicinity of the borrow pit or quarry;

  • (b) the amount of land used for the borrow pit or quarry; and

  • (c) the amount of materials extracted from the borrow pit or quarry.

 Foothills shall, in a manner satisfactory to the designated officer, close or reclaim any borrow pit or quarry used by it.

 Foothills shall leave a buffer strip of undisturbed vegetation of a width that is satisfactory to the designated officer between any borrow pit or quarry that it opens and any adjacent road.

 Where Foothills uses a borrow pit or quarry within or adjacent to a waterbody, swamp, marsh, bog or fen, Foothills shall take such measures as are satisfactory to the designated officer to protect wildlife, wildlife habitat and fish and fish habitat in that waterbody, swamp, marsh, bog or fen, as the case may be.

Blasting

 Foothills shall establish blasting procedures and schedules satisfactory to the designated officer to minimize

  • (a) any adverse effects on aquatic organisms, wildlife or livestock, and

  • (b) any interference with hunting, trapping, farming or grazing,

in the area through which the pipeline passes.

 Foothills shall minimize, to the extent possible, blasting in or adjacent to any waterbody, swamp, marsh, bog or fen.

 Where Foothills intends to blast, it shall advise persons living in the vicinity of its intention and of the time of intended blasting.

Water Crossings

 Foothills shall, when submitting construction schedules to the designated officer for his approval and when constructing the pipeline, take into account any particular environmental characteristics of any water crossing by the pipeline.

 Where Foothills submits a site-specific design for a water crossing to the designated officer for approval, Foothills shall include in such submission information on the hydrological and geotechnical conditions at that crossing that was used by Foothills in preparing the design.

 Foothills shall, unless otherwise directed by the designated officer, on completion of any construction across a stream, restore in a manner satisfactory to the designated officer the natural drainage of the area affected by such construction.

 Where water at any place where the pipeline crosses a waterbody is required by

  • (a) persons who are licensed or authorized by the government of the Province to use such water,

  • (b) holders of riparian rights, or

  • (c) the Government of Canada and the government of the Province for international or interprovincial obligations in respect of water,

Foothills shall not, during the construction or operation of the pipeline, interfere with the quality, quantity or level of that water.

 Foothills shall, in a manner satisfactory to the designated officer, regularly inspect and, when requested by the designated officer, monitor each place where the pipeline crosses a waterbody.

Water Withdrawal, Water Discharge and Hydrostatic Testing

 Foothills shall, prior to withdrawing, diverting or impounding quantities of water from or discharging quantities of water into any waterbody or groundwater system, ensure to the satisfaction of the designated officer that water withdrawals and discharges will not have an unreasonably adverse effect on

  • (a) the level or rate of flow of water in the waterbody or well from which the water withdrawal is made or into which the discharge is made;

  • (b) the existing use of water from the waterbody from which the water withdrawal is made or into which the discharge is made;

  • (c) the transportation on or access to the waterbody from which the water withdrawal is made or into which the discharge is made;

  • (d) the trapping or fishing by persons residing in the vicinity of the pipeline;

  • (e) the fish populations in or dependent on the waterbody from which the water withdrawal is made or into which the discharge is made;

  • (f) any waterfowl or mammal populations using any waterbody or its margins from which the water withdrawal is made or into which the discharge is made;

  • (g) the rights of persons to water where those rights have been granted by the government of the Province; and

  • (h) any international or interprovincial obligations of the Government of Canada or of the government of the Province.

  •  (1) Foothills shall, when designing or operating a camp water system, compressor station water system, granular material washing system or any other water-related system, design or operate the system, as the case may be, in a manner that will minimize the use of water.

  • (2) Foothills shall, when carrying out hydrostatic testing of the pipeline, carry out such tests in a manner that will minimize the use of water.

 Foothills shall appoint a qualified person to supervise the withdrawal or discharge of water used for constructing or testing the pipeline.

 Foothills shall, in a manner satisfactory to the designated officer, provide site-specific information in respect of each water withdrawal or discharge used for constructing or testing the pipeline.

 Foothills shall take such measures as are satisfactory to the designated officer

  • (a) to avoid spilling any test fluid other than a spill caused by the failure of a pipe when being tested; and

  • (b) to contain and remedy the effect of any test fluid that has been spilled.

 Foothills shall, prior to discharging any hydrostatic test fluid, ensure that the fluid meets such standards of composition as are satisfactory to the designated officer.

 Where Foothills obtains water from

  • (a) the South Saskatchewan River basin or sub-basin,

  • (b) the Cypress Hills basin or sub-basin,

  • (c) the Missouri River and its basin or sub-basin, or

  • (d) the Old Wives Lake basin or sub-basin

for use in hydrostatic testing, the water shall be returned to the basin or sub-basin from which it was obtained unless the designated officer permits or directs Foothills to discharge the water, in a manner satisfactory to him, into any other basin or sub-basin.

  •  (1) Foothills shall conduct all hydrostatic tests of the pipeline in the presence of the designated officer or his authorized representative.

  • (2) Foothills shall appoint qualified personnel to supervise all hydrostatic tests of the pipeline.

Roads and Other Facilities

 Foothills shall, wherever possible, use existing roads in the construction and operation of the pipeline.

 Foothills shall, in the design, construction or operation of any access road or facility, other than an access road or facility located in the right-of-way of the pipeline, take into account, in a manner satisfactory to the designated officer, the local and regional environment.

 Foothills shall consult with the government of the Province in respect of

  • (a) the road network required for the pipeline; and

  • (b) the nature, location and use of any

 
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