Northern Pipeline Socio-Economic and Environmental Terms and Conditions for the Swift River Portion of the Pipeline in the Province of British Columbia (SI/81-21)

• 149 (1) Where Foothills builds any ice bridge it shall locate such ice bridge in a manner that minimizes approach grades and cuts in the river or stream over which the bridge is built.

• (2) Foothills shall not use debris or fill in the construction of an ice bridge referred to in subsection (1).

Machinery, Transportation and Construction Equipment

150 Foothills shall take such measures as are satisfactory to the designated officer to minimize the use by Foothills of machinery, transportation and construction equipment in any area other than public and access roads and the pipeline right-of-way.

151 Where Foothills operates machinery, transportation or construction equipment within any waterbody, such operation shall take place during such time and in such manner as is satisfactory to the designated officer.

152 Foothills shall equip and maintain all machinery and transportation and construction equipment with factory standard emission and noise control devices.

Inspection and Monitoring

• 153 (1) Foothills shall, in a manner satisfactory to the designated officer, inspect the pipeline and the land and water disturbed by the pipeline, evaluate the results of the inspection and, when directed by the designated officer, monitor the environmental impact of the pipeline.

• (2) When requested by the designated officer, Foothills shall, within a reasonable period of time, report the results of the inspection, evaluation and monitoring referred to in subsection (1) to the designated officer.

154 Where the designated officer is of the opinion that the construction or operation of the pipeline has caused or is likely to cause a significant adverse environmental impact, Foothills shall take such measures as are satisfactory to the designated officer to mitigate or remedy the environmental impact and to prevent its recurrence.

Submission and Implementation of Environmental Plans

• 155 (1) Foothills shall submit to the designated officer for approval one or more plans or manuals that set out the procedures and measures by which Foothills intends to

  • (a) comply with this Part;

  • (b) carry out any environmental requirements imposed by law; and

  • (c) carry out the protection of the environment other than by measures required by this Part.

• (2) Foothills shall, by such date as may be fixed by the designated officer, submit to the designated officer a plan schedule for his approval that sets out the date each plan or manual referred to in subsection (1) is to be submitted to the designated officer.

• (3) The plan schedule referred to in subsection (2), when approved by the designated officer, constitutes Foothills’ plan schedule and Foothills shall comply therewith.

156 Where the designated officer approves a procedure or measure set out in a plan or manual submitted by Foothills pursuant to subsection 155(1), Foothills shall thereupon carry out such procedure or measure.

157 Where, subsequent to the approval by the designated officer of any of the measures or procedures referred to in subsection 155(1), Foothills obtains any additional information of environmental significance relating thereto, Foothills shall forthwith report such information to the designated officer.

• 158 (1) Foothills shall submit to the designated officer, in accordance with a schedule approved by him,

  • (a) the environmental information used by it in preparing the plans or manuals referred to in subsection 155(1);

  • (b) construction scheduling and engineering design information necessary for a review and evaluation of the plans or manuals referred to in subsection 155(1);

  • (c) environmental information necessary to evaluate potential environmental impacts; and

  • (d) information in respect of the environment in the vicinity of the pipeline prior to the commencement of the construction of the pipeline necessary to measure any environmental impact.

• (2) When requested by the designated officer Foothills shall submit to him

  • (a) information in respect of those areas where thaw settlement may require measures to be taken to comply with section 49; and

  • (b) any studies, reports, analyses or other material on which the information submitted pursuant to section 70 and 76 are based.

• (3) Where Foothills conducts studies or gathers data or information when considering the effect, if any, of the construction or operation of the pipeline on the existing or potential use of any land or waterbody through which the pipeline passes for the purpose of taking into account such effect pursuant to section 48, such studies, data or information shall be submitted by Foothills to the designated officer when requested by him.

159 When requested by the designated officer and in a manner satisfactory to him, Foothills shall submit to him,

• (a) environmental and other information necessary for the determination of the pipeline location; and

• (b) any procedures or measures proposed by Foothills as alternatives to the procedures or measures referred to in subsection 155(1).