Enbridge Line 6B Citizens' Blog

Click here to visit a blog by "concerned landowners affected by the Enbridge 'replacement' project": Line6B Citizens' Blog.  Recall that Enbridge's plan for its Line 6B pipeline in Michigan (related to the Kalamazoo River spill) is to abandon about 75 miles of pipe in place and to construct new pipe in a new easement next to it.  The new easement will be obtained by expropriation where agreement is not reached with the landowner.

Ministry of Environment News Release: Fines for gasoline spill

901659 Ontario Inc. O/A Dicola Petroleum, James Orr, Kathryn Gibson And Daniel Wilson Fined A Total Of $38,000 For Gasoline Spill

KINGSTON / BROCKVILLE – In June 2011, Daniel Wilson pleaded guilty to one violation under the Environmental Protection Act for failing to comply with a Provincial Officer Order by failing to submit a report in relation to the Kingston charge. In a related matter, in March 2011, 901659 Ontario Inc. o/a Dicola Petroleum, James Orr and Kathryn Gibson pleaded guilty to one violation each under the Environmental Protection Act for having control of a pollutant that spilled and failing to forthwith notify the ministry.

The Court heard that Dicola Petroleum is located in the Town of Perth and is a provider of petroleum products. Ms. Gibson is the president of the company and Mr. Orr is a truck driver for the company. Mr. Wilson is a co-owner of Franklin’s Marina located near Elgin. In May 2005, a gasoline spill occurred at the Marina while fuel was being delivered by the company, as a result of an overfill.  Gasoline discharged onto the ground and ran into a drainage ditch.  The spill was not reported to the ministry until 2008 by an engineering firm who was conducting a site assessment at the marina. Mr. Wilson disclosed that the spill had occurred on the property back in 2005. As a result, a Provincial Officer Order was issued, requiring a report to be prepared by a qualified consultant to describe the contamination and the proposed work needed to fully remediate it.

Following the laying of charges by the ministry’s Investigations and Enforcement Branch, the company was fined a total of $35,000. Mr. Wilson was fined $3,000 and Mr. Orr and Ms. Gibson were given suspended sentences.  The fines totaled $38,000 plus victim fine surcharges and they were given six months to pay.

Enbridge spill into Kalamazoo River showing added risks of tar sands oil

One year ago on July 26, 2010, Enbridge Pipelines Inc. spilled more than 3.8 million litres of oil in Michigan after one of its pipelines ruptured.  More than 1.5 million litres ended up in Michigan waterways, including the Kalamazoo River.  Enbridge says that 3.48 million litres have been recovered.  News stories in the past couple of days are revealing the difficulties faced by clean up crews in recovering the last few hundred thousand litres.  The problem is the nature of the product spilled - bitumen from the Alberta tar sands mixed with "light hydrocarbons" refined in the U.S.  The heavy bitumen component is proving difficult to collect. 

The spill affected a 65-kilometre stretch of the Kalamazoo River.  The river has been closed off to recreational paddlers, fishermen and any other users since the spill.

Read the Financial Post article "Enbridge cleanup: Aftermath of a spill" by Sheldon Alberts at this link.

Meanwhile, Enbridge's latest newsletter called "eBridge", Volume 70, doesn't mention the Michigan spill (or the Norman Wells spill for that matter), but does celebrate Enbridge's ranking as #10 out of the Best 50 Corporate Citizens in Canada by "Corporation Knights" ("The Magazine for Clean Capitalism").

National Energy Board says it's shifting from "reactive" to "proactive"

The National Energy Board (NEB) says it has decided to increase the number of pipeline performance measures beyond those currently collected by the Board through incident reporting requirements in the Onshore Pipeline Regulations, 1999.  The NEB claims this initiative will supplement existing measures such as spills and injuries with performance measures of activities that require planning and ongoing monitoring. This is anticipated to bring a predictive dimension to how a company manages its programs. The measurement of performance is intended to promote a shift from reactive to proactive management. Companies will be able to use the resulting data to trend and compare performance, and to encourage continual improvement. The NEB will also use the data to assist in compliance verification planning.

The NEB's Background Information enclosure describes deficiencies in its current overview of security and the environment:

The Board currently requires companies to report on incidents, such as releases of substances and serious injuries. These measures are "lagging indicators" because the information provides a historic view. The Board is taking action to promote safety, security and environmental protection by proposing that all Board-regulated companies also report on "leading" performance measures. "Leading" measures are predictive and forward looking, measuring aspects of processes and activities that are likely to contribute to a desired outcome. A mix of leading, lagging and qualitative measures can provide an overview of the effectiveness of a company in meeting program objectives.

Read the NEB's letter to Oil and Gas companies at: July 11, 2011 letter.

Enbridge's latest update on the Norman Wells spill

Here is the latest from Enbridge on its spill of between 700 and 1,500 barrels of oil near Wrigley, NWT:

On May 9, Enbridge Inc. reported that it had confirmed at approximately 12:40 MT that day a crude oil leak from a pipeline on its Norman Wells System (Line 21) approximately 50 km south of the community of Wrigley, NWT. On May 20th Enbridge returned the Norman Wells line to service after completing the necessary repairs.

Enbridge is working to minimize helicopter traffic in the Willowlake River area. A 25-person camp is being established near the incident site to house crews while they continue cleanup and reclamation work. The camp is expected to be open this week. There has been an increase in truck traffic on the Mackenzie Highway between Fort Simpson and Wrigley due to the incident. We want to ensure the safety of our crews and the people in the community and ask that everyone use caution when travelling on the highway.

The oil remains contained and there are no impacts to moving water. Our original four barrel estimate was based on oil collected at the surface and did not take into account the subsurface impacts, which were believed to be not significantly different. The increase in subsurface oil was discovered during the ongoing environmental site assessment, which includes subsurface analysis and is standard practice for all releases. Based on current estimates provided by the third party experts on site, Enbridge anticipates the release volume could range from a minimum of 700 barrels to a maximum of 1,500 barrels. Based on its current analysis, Enbridge anticipates the probability that the maximum volume would be exceeded to be low.

Enbridge continues to regularly engage with First Nations, government officials and the public and we are committed to having open dialogue and transparent communications. The community information line remains operational and the phone number is 867-695-3158. People are encouraged to call if they have any questions regarding the incident.

The safety of people and the protection of the environment are our highest priorities and the Company is doing its best to ensure there is no impact to the land, wildlife and waterways. We are committed to regaining the community’s confidence in Enbridge as a reliable operator and safe transporter of energy.

[emphasis added]

See post from Energy Pipeline News re secret orders from National Energy Board

Read Noel Griese's post at Energy Pipeline News about recently revealed secret orders from the NEB to require the reduction in flows through Canadian pipelines following ruptures and spills on Enbridge and Trans-Northern Pipelines: Canadian regulator secretly ordered gas companies to reduce gas flow.

Failure to notify MOE of pesticide spill costs $100,000 fine

LONDON – On March 9, 2011, Scotland Agromart Ltd. was fined $75,000 for having control of a pollutant that was spilled and failing to notify the ministry of the spill. On a related charge, Summerville Custom Spraying Limited was fined $25,000 on October 27, 2010.

The court heard that Scotland Agromart Ltd. is a farm supply retail business located in Scotland, Ontario. On April 25, 2009 the company was delivering a pesticide to Summerville Custom Spraying Limited located in Otterville, Ontario. While unloading the truck, the driver noticed the tote carrying the pesticide had broken off and the pesticide had spilled onto the ground. Staff from both companies worked together to contain and clean the spill area. Representatives from both companies failed to inform the ministry of the spill.

The companies were charged following an investigation by the ministry’s Investigations and Enforcement Branch.  Scotland Agromart Ltd. was fined $75,000 plus a victim fine surcharge for having control of a pollutant that was spilled and failed to forthwith notify the ministry of the spill.  It was given one year to pay the fine.  On October 27, 2010, Summerville Custom Spraying Limited was fined $25,000 plus a victim fine surcharge for the same offense and was given one year to pay the fine from the conviction date.

Trucking company fined for failure to clean up diesel spill due to frost

November 8, 2010

DAY & ROSS INC. FINED $10,000 FOR FAILING TO COMPLY WITH A PROVINCIAL OFFICER ORDER

KENORA, ON – On October 14, 2010, Day & Ross Inc. pleaded guilty to one violation under the Environmental Protection Act for failing to remove spilled diesel fuel from an accident site.

The Court heard that on April 1, 2009, a tractor-trailer driven by an independent operator on behalf of the company left the roadway of Highway #17 in poor road conditions due to weather. The accident occurred approximately 30 kilometers east of Kenora. As a result, the fuel tanks ruptured and an estimated 170 litres of diesel fuel escaped into the south ditch adjacent to the highway. On April 2, 2009, the Ministry of Transportation reported the accident to the Ministry of the Environment, who attended the site. On April 3, 2009, ministry staff returned to the accident site with an environmental consulting firm retained by the company to assess and remediate the site. On April 8, 2009, a Provincial Officer Order was issued to the company ordering the it to remove the spilled diesel fuel from the accident site, handle the recovered fuel and other waste in accordance with provincial legislation and restore the site to its original condition by April 21, 2009. Due to environmental conditions, namely the presence of frost, the company did not comply with the order to clean up the spill until approximately 40 days after the date required by the order.

The company was fined following an investigation by the ministry’s Investigations and Enforcement Branch.

The company was fined $10,000 plus a victim fine surcharge and was given 90 days to pay the fine.

Enbridge estimates 6,100 barrels of crude oil spilled near Chicago, Illinois

Enbridge Energy Partners, L.P., says it has completed the "drain up" of remaining oil in the pipeline segment on Line 6A in the United States that leaked crude oil earlier in the week.  Enbridge estimates that 6,100 barrels of oil escaped in the leak that has required the line to be shut down. 

The U.S. House Committee on Transportation and Infrastructure scheduled a hearing for today in Washington to look into the other recent Enbridge spill that sent an estimated 1 million gallons into the Kalamazoo River area.

Another Enbridge Oil Leak - Company given until Monday to stop flow of oil

Here's what Enbridge is saying on its website about its latest oil leak, this time in suburban Chicago:

Enbridge has confirmed that a leak occurred Sept. 9 from its 6A pipeline in Romeoville, Illinois. Line 6A was shut down within minutes of Enbridge being notified and the section of the pipeline where the leak occurred has been isolated.

No injuries have been reported. Oil was released onto a roadway and then into a retention pond. Enbridge personnel are on site and booms have been deployed as a precautionary measure.

We express our apologies to the businesses in Romeoville and surrounding areas for the disruption, and extend our appreciation to emergency responders and regulatory agencies for their professional, diligent and supportive actions.

The U.S. Environmental Protection Agency has given Enbridge until Monday to plug the leak.  Enbridge says the leak has been contained, but oil continues to drain out of the pipe.

Updates on the Enbridge oil spill in Michigan

Enbridge executives provided updates on clean-up activities in Michigan at a news conference yesterday:

Patrick Daniel, President & CEO, Enbridge Inc.

We continue to make very good progress on clean-up at the leak site and also along Talmadge Creek and we're now well underway with clean-up on the Kalamazoo River as well.

I was at the Ceresco Dam and also visited Heritage Park yesterday and the river is significantly improved at those locations from what it was a week, two weeks or three weeks ago.

The primary clean-up on the banks of Talmadge Creek is now over half complete and we continue to make very good progress in preparing the lower half of the creek shoreline to be scraped and cleaned as well.

We're also, of course, very pleased that our eight work plans have now been approved by EPA.

Personally I continue to work very closely with residents in the most directly impacted areas. These are people whose lives and routines have been temporarily disrupted by the spill and now by the workers and the equipment and the noise associated with the clean-up, but thankfully that is starting to lessen in many areas.

The number of visits to our Battle Creek and Marshall Community Centers continue to decline. Some are coming in of course to file claims which are being handled while others have come in simply for information with regard to the spill and I remind residents that the facility is available for both purposes.

Since the voluntary evacuation was lifted for all residents, many of the people who chose to evacuate are beginning to leave the area hotels now and return to their homes which is also very good news. We look forward to getting this community resettled in advance of school starting later this month and, as indicated earlier, relocating our emergency response facilities out of the school.

Steve Wuori, Executive Vice President, Liquids Pipelines, Enbridge Pipelines Inc.

I'll just talk about a couple of areas. One is the Talmadge Creek clean-up which is progressing very quickly and, as Pat said, is over half complete in terms of the excavation so far. We're moving that very quickly because we really want to reduce the heavy equipment traffic as we head toward the end of the month as much as we possibly can and that's why the activity is so intense. We are now west of I69 and working our way down toward the Kalamazoo River in terms of the final scraping of that area.

In terms of the river, in addition to the comments that Mark Durno from the EPA made earlier I'll just note that the river has been sectioned into quarter mile sections that have been individually assessed. There's a shoreline assessment process that is looking at the shoreline on both sides of the river and that's now been completed.

Up until this point most of the work has been removal of oiled vegetation along the shoreline and now we'll move to the second stage of the clean-up which is working on the soils themselves and the lower vegetation, grasses and so on. So, that's what's really happening along the river and there will be a continual intensity of workforce out there now working on those individual areas as we've identified them.

There was a question on the earlier call with regard to the work near Albion and I can confirm that that is one of the dig sites that we are working on in preparation for the test of the line. That's near the community of Albion. It's a very wet location so we had to drive sheet piling and we're de-watering that sheet piling area right now and preparing to examine the pipe. So, I think that addresses the question about what was happening in the Albion area.

Michigan Representative says Enbridge repeatedly restarted pipeline after rupture

Noel Griese of Energy Pipeline News has a report on statements made on August 4 by Representative Mark Schauer (Dem.) of Michigan about the recent Enbridge oil spill into the Kalamazoo River.  The National Transportation Safety Board thinks the rupture occurred around 6 p.m. on July 25, when the pipeline was shut down for maintenance.  Schauer says that Enbridge restarted the pipeline at 4:26 a.m. on July 26 and repeatedly turned it on and off for the next several hours because of spikes in readings, Schauer said. Each time the line was restarted, more oil would spew from the five-foot-long rupture or “smile” in the compromised pipeline. That would explain the exceptionally large volume spilled.

Read the article at: Energy Pipeline News.

Woodstock dairy farmer fined after manure spill into creek

ADRIANUS LEONARDUS MARIA VAN LITH FINED $16,000 FOR CATTLE MANURE SPILL INTO MOON CREEK

WOODSTOCK – On July 8, 2010, Adrianus Leonardus Maria Van Lith plead guilty to two violations under the Ontario Water Resources Act for a spill of cattle manure into Moon Creek and for failing to notify the ministry of the spill.

The Court heard that Mr. Van Lith is the owner of a dairy cattle farm in Woodstock. On March 16, 2008, a citizen reported a spill of dairy manure into Moon Creek, to the ministry. On March 18, 2008, a ministry officer attended the scene and took photos. The officer confirmed the spill had occurred when the earthen manure lagoon overflowed and ran down a snow covered field to Moon Creek. Samples were collected and the analysis results showed that the manure was a polluting material and may have impaired the water of Moon Creek.

Mr. Van Lith was charged following an investigation by the ministry’s Investigations and Enforcement Branch.

Mr. Van Lith was fined $16,000 plus a victim fine surcharge (an additional 25% or $4,000) and was given 12 months to pay the fine.

Enbridge Michigan oil spill originated from five foot long tear in pipe

An Enbridge company representative has reported that the breach in the Enbridge pipeline that spilled crude oil into the Kalamazoo River was less than five feet (1.5 metres) long.  Crews have extracted a 50 foot section of pipe that includes the torn section and sent it off to Washington for analysis by the National Transportation Safety Board.  A replacement section is being welded into place, but it is not known when the pipeline will resume operation.  U.S. authorities must approval a restart plan and will likely require that the pipeline be operated at reduced pressures.  The U.S. EPA is investigating whether Enbridge was negligent in the period leading up to the spill on July 26th. 

Enbridge wants to avoid lawsuits - offers to buy homes in vicinity of oil spill

Phaedra Friend Troy of Penn Energy has reported on the Enbridge response to threats of legal action.  Patrick Daniel, Enbridge's CEO, says that no one has to sue in order to be "made whole".  Enbridge has actually offered to purchase all of the properties within 200 feet of the Kalamazoo River spill.  The price offered is the asking price for the homes before the spill or the pre-spill appraised value of homes that were not already offered for sale.

Read the article at: Penn Energy article - August 4, 2010.

National Transportation Safety Board - Enbridge Oil Spill Timeline

NTSB probe validates Enbridge's account of oil spill detnews.com The Detroit News

Click on the link above to read The Detroit News article about Enbridge's response to the oil spill in Michigan. The article includes a detailed timeline based on the preliminary results of the investigation of the spill by the US National Transportation Safety Board.

US Environmental Protection Agency dissatisfied with Enbridge clean-up plan

CBC News - World - Enbridge must file river cleanup plan

The US EPA has rejected a long-term clean-up plan filed by Enbridge in the aftermath of its massive oil spill in Michigan because of "deficiencies in content and technical details".  Read the CBC story by clicking on the link above.

I posted earlier this week about plans in Canada by the National Energy Board to provide an approval mechanism for contamination remediation by companies like Enbridge.  It's not hard to see the difference in approach being followed in the United States, at least in the wake of the BP disaster in the Gulf of Mexico.  South of the border, it's not the energy project approval body that will decide when the contamination has been cleaned up appropriately - it's the EPA.  In other words, it's not a body whose primary concern is the ongoing development of the energy sector.  Canada has Environment Canada and the provincial ministries of the environment.  Landowners should be asking why the NEB is choosing to step into this issue at this time.

Canada's National Energy Board creating a "Remediation Process Guide" to sign off on pipeline company contamination

The National Energy Board (NEB) says on its website that it has:

... developed a draft Remediation Process Guide (Guide) for industry to follow to ensure successful remediation of soil and groundwater contamination. The goal of this Guide is to provide a clear process for submitting remediation information. If remediation is determined to be successful then the NEB will provide a letter to that effect. The NEB will be hosting a technical meeting on 14 October 2010 in Calgary at a location to be determined to answer any questions and hear comments that interested parties may have. Parties wishing to provide written comments on the Guide are requested to do so by 1 December 2010. The Board will finalize the Guide shortly thereafter.

In the draft guide, the NEB says it makes every effort to ensure industry follows procedures to minimize releases, leaks and spills, but from time to time "accidents can occur".  In reality, the NEB operates on the basis of "goal-oriented regulation" whereby the Board sets goals and allows companies to decide how they will achieve those goals.  However, as we have seen with the BP disaster and the recent Enbridge spill in Michigan, "goal-oriented regulation" simply doesn't work when it comes to an all or nothing proposition like environmental contamination.  How many spills will it take before the regulator steps in and tells companies what they need to do to protect the environment?

The NEB also says that it is the "lead agency" for all contamination incidents related to its pipelines.  Landowners should be cautious to accept this approach.  NEB requirements regarding contamination (including both new spills and the discovery of historical contamination) may not match protections afforded to landowners under provincial environmental legislation.  Why should landowners have less protection from contamination just because the NEB is involved? 

The aspect of the proposed Remedation Process Guide that should be most concerning to landowners is the proposed "Remediation Closure Letter".  Essentially, the NEB will issue letters to companies who have contaminated the environment stating that remediation is complete and the NEB's file is closed.  The NEB says that its "expectation for reclamation is that the land is restored to a state comparable with the surrounding environment".  That is not necessarily the standard to which landowners are entitled to have their properties remediated under provincial laws and/or the common law.  Landowners should be demanding clean-up to the highest level possible under applicable law.  Also, what is to stop the NEB from issuing such a letter to a company before the company has adequately compensated the landowner for the damage caused?  What would that letter do to a landowner's negotiating position?

The NEB's proposal is troubling in that it perpetuates the problems associated with its policy of "goal-oriented regulation".  Companies are allowed to do what they want to avoid contaminating the environment, but when they do contaminate, they can rest assured that the NEB will sign off on their response.  In other words, the NEB's protection of the environment is limited to stepping in after contamination has occurred in order to validate the steps the company has taken to address the contamination.  There is still nothing in place to ensure that the contamination does not occur in the first place.  Is this an acknowledgement on the part of the NEB that there is nothing that can be done to prevent spills that will inevitably occur as pipeline infrastructure ages and corrodes? 

Click on this link to read the proposed guide: NEB Draft Contamination Remediation Guide.

Enbridge cited for problems in U.S.

CBC News - World - Enbridge cited for problems in U.S.

CBC News is reporting:

• Enbridge Inc. and its affiliates have been cited for 30 enforcement actions since 2002 by the Pipeline and Hazardous Materials Safety Administration;
• The PHMSA sent a warning letter to Enbridge in January about suspected violations in its corrosion monitoring program (corrosion in the pipeline appears to be the cause of the rupture and spill in Michigan);
• The US EPA estimates 3.8 million litres have spilled into the Kalamazoo River system, while Enbridge says it is 3.1 million litres;
• Enbridge spilled almost 71,900 litres of oil into the Nemadji River in Wisconsin in 2003;
• Enbridge spilled 200,000 gallons of oil in northern Wisconsin in 2007 (in two separate spills).

Click on the link above to read the article.

Enbridge's Michigan oil cleanup 'inadequate', says Governor

CBC News - Windsor - Michigan oil cleanup 'inadequate': governor

Click on the link above to read the CBC's latest story on the Enbridge oil spill in Michigan. Nearly 3.7 million litres of oil have spilled into the Kalamazoo River system.