INDEX TO AUTHORITY MEETING #8/13. Friday, October 25, 2013

Transcription

1 INDEX TO AUTHORITY MEETING #8/13 Friday, October 25, 2013 MINUTES Minutes of Meeting #7/13, held on September 27, PRESENTATIONS Denney, Brian, Chief Executive Officer, TRCA re: Toronto Field Naturalists, in regard to their 90th Anniversary 386 Williston, Beth, Senior Manager, Environmental Assessment Planning, TRCA re: Enbridge Pipelines Inc., Line 9B Reversal and Line 9B Capacity Expansion Project. 386 Sgambelluri, Rocco, Chief Financial Officer, TRCA re: 2014 Preliminary Capital and Operating Estimates. 386 TORONTO FIELD NATURALISTS 387 ENBRIDGE PIPELINES INC., LINE 9B REVERSAL AND LINE 9B CAPACITY EXPANSION PROJECT 388 EXCHANGE OF LANDS Fire/EMS station, Town of Caledon, Regional Municipality of Peel 405 OAK RIDGES CORRIDOR PARK EAST MANAGEMENT PLAN UPDATE NATURAL ENVIRONMENT AND CYCLING INFRASTRUCTURE PROJECTS City of Toronto 412 LANSING POND AND SISTERS OF ST. JOSEPH PROJECTS RSD and RSD Disposal of Stormwater Management Pond Dredgeate 415 ALBION HILLS CONSERVATION AREA MASTER PLAN

2 HIGHLAND CREEK DOWNSTREAM OF MORNINGSIDE AVENUE EROSION CONTROL PROJECT Contract RSD MEETING SCHEDULE PRELIMINARY CAPITAL AND OPERATING ESTIMATES 428 GREENLANDS ACQUISITION PROJECT FOR Flood Plain and Conservation Component, Duffins Creek Watershed Cougs (Tillings) Ltd. CFN GREENLANDS ACQUISITION PROJECT FOR Flood Plain and Conservation Component, Etobicoke Creek Watershed Argo Caledon Corporation CFN REQUEST FOR DISPOSAL OF TORONTO AND REGION CONSERVATION AUTHORITY-OWNED LAND Adjacent to 163 Thistledown Boulevard, City of Toronto - Etobicoke York Community Council Area CFN REQUEST FOR DISPOSAL OF TORONTO AND REGION CONSERVATION AUTHORITY LAND North of King Street East, East of Old King Road (Rear of 269 King Street East - Bolton) CFN OAK RIDGES MORAINE LAND TRUST Management Agreement for Operation and Management of the Ken Purvis Nature Reserve Duffins Creek Watershed, Township of Uxbridge, Regional Municipality of Durham CFN OAK RIDGES CORRIDOR CONSERVATION RESERVE - EAST SPINE TRAIL PROJECT - PHASE 1 Contract RSD GOOD NEWS STORIES 432 IN THE NEWS July - September

3 WATERSHED COMMITTEE MINUTES DON WATERSHED REGENERATION COUNCIL Minutes of Meeting #11/12, held on December 13, Minutes of Meeting #1/13, held on April 18, Minutes of Meeting #2/13, held on May 30, Minutes of Meeting #3/13, held on June 20, ETOBICOKE-MIMICO WATERSHEDS COALITION Minutes of Meeting #1/13, held on April 25,

4 MEETING OF THE AUTHORITY #8/13 October 25, 2013 The Authority Meeting #8/13, was held in Weston Room B, Black Creek Pioneer Village, on Friday, October 25, The Chair Gerri Lynn O'Connor, called the meeting to order at 9:34 a.m. PRESENT Paul Ainslie Maria Augimeri David Barrow Ben Cachola Bob Callahan Raymond Cho Ronald Chopowick Michael Di Biase Jack Heath Colleen Jordan Mujeeb Khan Gloria Lindsay Luby Mike Mattos Peter Milczyn Gerri Lynn O'Connor Linda Pabst John Parker Anthony Perruzza Deb Schulte John Sprovieri Cynthia Thorburn Jim Tovey Richard Whitehead ABSENT Vincent Crisanti Glenn De Baeremaeker Chris Fonseca Glenn Mason Dave Ryan Member Vice Chair Member Member Member Member Member Member Member Member Member Member Member Member Chair Member Member Member Member Member Member Member Member Member Member Member Member Member 385

5 RES.#A159/13 - Moved by: Seconded by: MINUTES Cynthia Thorburn Ronald Chopowick THAT the Minutes of Meeting #7/13, held on September 27, 2013, be approved. CARRIED PRESENTATIONS (a) (b) (c) A presentation by Gerri Lynn O'Connor, Chair and Brian Denney, Chief Executive Officer, TRCA to Margaret McCrae, President, Toronto Field Naturalists, in regard to their 90th Anniversary and item AUTH7.1 - Toronto Field Naturalists. A presentation by Beth Williston, Senior Manager, Environmental Assessment Planning, TRCA, in regard to item AUTH7.2 - Enbridge Pipelines Inc., Line 9B Reversal and Line 9B Capacity Expansion Project. A presentation by Rocco Sgambelluri, Chief Financial Officer, in regard to item BAAB Preliminary Capital and Operating Estimates.. RES.#A160/13 - Moved by: Seconded by: PRESENTATIONS Gloria Lindsay Luby Mujeeb Khan THAT above-noted presentation (a) be received. RES.#A161/13 - PRESENTATIONS CARRIED Moved by: Seconded by: Michael Di Biase Ronald Chopowick THAT above-noted presentation (b) be received. CARRIED RES.#A162/13 - Moved by: Seconded by: PRESENTATIONS David Barrow Deb Schulte THAT above-noted presentation (c) be received. CARRIED 386

6 SECTION I - ITEMS FOR AUTHORITY ACTION RES.#A163/13 - Moved by: Seconded by: TORONTO FIELD NATURALISTS Recognition of the Toronto Field Naturalists 90th Anniversary and the important contribution made by its members by encouraging public interest and the protection of natural heritage. Gloria Lindsay Luby Mujeeb Khan THAT Toronto and Region Conservation Authority (TRCA) recognize and congratulate the Toronto Field Naturalists on the occasion of their 90th Anniversary; THAT TRCA thank the Toronto Field Naturalists for their support of TRCA youth education programs providing $49,500 to offset transportation costs for students to attend the Kortright Centre for Conservation over the past four years; AND FURTHER THAT staff be directed to continue to work with the Toronto Field Naturalists and encourage their ongoing involvement in TRCA projects and programs to promote youth and public engagement and education in nature based activities. CARRIED BACKGROUND The Toronto Field Naturalists is a volunteer based, charitable non-profit organization that has been promoting Toronto's natural heritage since Members include ecological experts who share their knowledge with others to encourage public interest in natural history and the preservation of our natural heritage. The Toronto Field Naturalists (TFN) works with like-minded groups and organizations to protect and enhance Toronto's ravines, parks and waterfront. TFN produces a monthly newsletter for members, hosts monthly lectures on a wide range of ecological topics, and holds regular nature themed walks throughout the TRCA jurisdiction, often on TRCA properties, and they have provided valuable input to many TRCA projects over the years. TFN also participates in TRCA events, including the Tommy Thompson Park Spring Bird Festival and Butterfly Festival; takes part in special projects and committees such as the East Don Trail Environmental Assessment and the Tommy Thompson Park User Group; and sponsors TRCA programs such as transportation for priority schools to attend outdoor education programs at the Kortright Centre for Conservation. RATIONALE Volunteer based organizations, especially those with a long history in the community, are essential in fostering the public involvement, appreciation and understanding of our natural heritage, including TRCA initiatives. The Toronto Field Naturalists are one of the oldest nature-based charitable groups in Ontario and remain very active in the City of Toronto and the wider GTA. TRCA's continued relationship with TFN is consistent with TRCA's Strategic Plan, specifically priority strategy #5, foster sustainable citizenship and priority strategy #7 build partnerships and new business models. By working collaboratively with TFN, TRCA will continue to increase education and awareness that is fundamental to the development of The Living City. 387

7 Report prepared by: Karen McDonald, extension s: For Information contact: Karen McDonald, extension s: Date: October 4, 2013 RES.#A164/13 - Moved by: Seconded by: ENBRIDGE PIPELINES INC., LINE 9B REVERSAL AND LINE 9B CAPACITY EXPANSION PROJECT Update on Toronto and Region Conservation Authority's written argument submitted to the National Energy Board regarding the Enbridge Pipelines Inc. Line 9B Reversal and Line 9 Capacity Expansion Project. Michael Di Biase Ronald Chopowick THAT the written argument Toronto and Region Conservation Authority (TRCA) staff submitted to the National Energy Board (NEB) on October 3, 2013, regarding the Line 9B Reversal and Line 9 Capacity Expansion Project, be received; AND FURTHER THAT staff be directed to report back to the Authority regarding the National Energy Board future decision to approve, approve with conditions, or deny the project. CARRIED BACKGROUND At Authority Meeting #2/13, held on March 22, 2013, amended Resolution #A27/13 was approved as follows: WHEREAS concerns of Toronto and Region Conservation Authority (TRCA) related to the Enbridge Pipelines Incorporated (Enbridge) Line 9B Reversal and Line 9 Capacity Expansion Project (Project)are focused on its role as watershed managers, landowners and through its obligations under Ontario Regulation 166/06; AND WHEREAS TRCA has submitted a letter to the National Energy Board (NEB) commenting on the List of Issues that will be addressed by the board; THEREFORE LET IT BE RESOLVED THAT staff continue to consult with affected municipalities and agencies on common issues and concerns; THAT staff initiate a dialogue with Enbridge to review issues of concern to TRCA and determine if an agreement can be reached with Enbridge to address TRCA interests in the Project; THAT staff file an application to participate in the NEB Hearing on or before the April 11, 2013 deadline to participate as an Intervenor, thus ensuring that if an agreement with Enbridge cannot be reached, TRCA can advance its interests through the NEB; 388

8 THAT TRCA staff be directed to concurrently negotiate with Enbridge and participate in the NEB hearing; THAT if TRCA s interests are addressed by written agreement with Enbridge, that TRCA staff report back to the Authority; THAT staff continue to work with Enbridge in the implementation of its Integrity Dig Program to ensure TRCA regulatory requirements are met; AND FURTHER THAT TRCA request that Enbridge release publicly the most up-to-date data on the integrity of Line 9 Pipeline prior to June 1, Intervenor Status TRCA was granted intervenor status in the NEB process. This status allowed TRCA to ask Enbridge for information related to its expressed concerns, and for Enbridge to respond. Through this process, TRCA could have submitted written evidence, or appeared at a hearing with an oral presentation. TRCA worked within the process set forth by the NEB, and chose to prepare a written argument. Throughout the process, TRCA continued to work with municipalities, other conservation authorities and Enbridge itself, to discuss concerns and solutions. TRCA Information Requests to Enbridge Part of the NEB hearing process allows for the intervenors to request information of Enbridge, for Enbridge to respond, and then for the intervenors to ask for additional information based on the response to both themselves, and the response to others. TRCA information requests related to Enbridge's reactive response to spills or leaks, pipeline integrity, in stream and valley monitoring, emergency shut off valves, travel time modelling and an ecosystem based compensation protocol in the event of a spill. RATIONALE As per Authority direction of March 22, 2013, staff initiated a dialogue with Enbridge regarding the review of TRCA issues and concerns. Based on the legal advice from both TRCA and Enbridge representatives, it was agreed that TRCA and Enbridge should manage their discussions within the framework of the NEB process, and not seek an agreement that would be outside of the process. TRCA staff prepared written evidence, met with Enbridge, and prepared its written argument as per the NEB process. Throughout this process, the open dialogue with Enbridge was maintained. Staff has also maintained an open dialogue with other conservation authorities and municipalities regarding issues of common concern, primarily including spills response and management, and pipeline integrity. Enbridge has advised that for security reasons, it does not publicize the precise location of the integrity digs, however this information is communicated to the affected landowners and municipalities when the digs are initiated. Permits are required from TRCA if the digs are located within regulated areas. To date, four permits have been issued by TRCA, three applications are currently under review, and three applications have been screened with confirmation that they are outside TRCA's regulated area. All permits issued to date have been by staff through the routine infrastructure permitting process, and then brought to the Executive Committee for their information. Additionally, TRCA has issued a permission to enter into the Greenwood Conservation Area to undertake an integrity dig. This area was screened by planning staff who determined no permit was required. 389

9 TRCA Written Evidence to the NEB On August 2, 2013, TRCA filed written evidence with the NEB. The TRCA's evidence focused on: 1. Reducing the environmental impact of malfunctions or accidents. 2. Pipeline monitoring strategies and spills prevention. 3. Spill response and emergency planning, including timelines for response. 4. Maintaining ecosystem integrity. TRCA based its concerns on its roles as a watershed manager, landowner and regulator. Specific reference was made to TRCA's authority and responsibilities under the Conservation Authorities Act, Ontario Regulation 166/06, the Clean Water Act, and in terms of its level 3 agreement with Fisheries and Ocean Canada for review under the Fisheries Act. Specifically, TRCA's concerns relate to: 1. The risk of a spill as related to exposure or failure in valleys, streams or wetlands, and how the risk of a spill will be mitigated, or in the worst case, how the terrestrial, aquatic and open space systems will be protected, rehabilitated and/or restored. 2. Spills prevention. 3. Collection and analysis of baseline information in advance of any spill that is related to proactive pipeline exposure and failure risk assessment, spills response planning, and rehabilitation and restoration planning. Staff recommended that Enbridge consider its Interim Technical Guidelines for the Development of Environmental Management Plans for Underground Infrastructure (Revised July 2013) available on the TRCA website The guidelines were developed by staff over a number of years through working with proponents of sewer, gas and oil pipeline infrastructure under emergency situations. Enbridge can use these guidelines to develop a proactive approach to managing potential failures or fractures of pipelines in valley and stream corridors and wetland areas, and as a means of ensuring the protection, mitigation and restoration of TRCA's terrestrial, aquatic and open space systems. TRCA s evidence included information on the nine major watersheds within TRCA s jurisdiction. This evidence comprised general environmental information; potential impacts of a crude oil release on the terrestrial and aquatic environments; TRCA's existing monitoring infrastructure; requirement for a proactive approach to pipeline failure; and a case study of the Rouge River watershed. A copy of the full report can be found on the NEB's website at: Case Study - Morningside Creek, Rouge River Watershed The Rouge River watershed south of Line 9B, with its numerous environmentally significant areas and wetlands, is a significant component of TRCA s Natural Heritage System. South of the Line 9B pipeline, most of the Rouge River watershed is protected through its ownership by TRCA and its designation as Rouge Park. Like all watersheds in TRCAs jurisdiction, Ontario Regulation 166/06 permits are required for proponent's works in a regulated area. 390

10 Throughout information provided by Enbridge to TRCA and others, it has been consistently stated that Enbridge will have sufficient time and means to mitigate a spill from the Line 9B pipeline, there will be little impact downstream, and that the spill will not reach Lake Ontario. TRCA has expressed concern with these assumptions for a number of reasons: a) Mitigation provided by Enbridge appears to be under base flows conditions; there is no modelling under storm conditions (high flow conditions). b) Mitigation assumes responders will know where and how to access the downstream spill location; modelling has not been completed and access points have not been mapped. c) Mitigation assumes that all spill impacts can be restored or rehabilitated; baseline information as to existing conditions is not known. d) Mitigation assumes that all impacts will be riverine based, not lake based. As such a spills action plan is not provided for lake-based cleanup. In the Rouge watershed, TRCA has completed modelling for Morningside Creek, a tributary of the Rouge River. Through this modelling, TRCA illustrated why it is imperative that Enbridge complete a detailed modelling program for all crossings of TRCA watersheds in order to determine potential spill impacts, and to inform riverine and lake-based mitigation planning, including access. It should be noted that through the Drinking Water Source Protection Program, modelling for large releases of contaminants was completed from the river mouths to the drinking water intakes. The modelling considered travel through the lake and was based on actual weather events. Riverine and lake-based modelling should be used together by Enbridge to inform their spills response planning initiatives. Enbridge has stated that its spill response time can vary between 1.5 to 4 hours depending on factors such as weather and traffic conditions, time of day, day of the week and location of the release site, and the time to detect a spill can take up to two hours. The time to respond to a spill in TRCA's watersheds could be upwards of 6 hours in a worst case situation. The plume travel time is critical for Enbridge to determine the approximate downstream area of spill and to determine whether the spill would reach Lake Ontario by the time responders arrive at the spill site. The distance the spill will travel will vary depending on the velocity in the rivers during base flow and high flow conditions. Staff completed a modeling analysis for both the Morningside Tributary and a portion of the Lower Main Rouge, downstream of its confluence with Morningside Tributary during both baseflow and storm flow conditions. The results showed the time of travel for a spill in the Morningside Tributary to reach Lake Ontario as follows: a) baseflow conditions: 27.4 hours; b) 2-year storm event: 14 hours; c) 100-year storm event: 6.1 hours. 391

11 While a spill in Morningside Creek under baseflow conditions may be managed near its source, under storm flow conditions it is apparent that the time of travel from the pipeline to Lake Ontario increases significantly depending on the storm event. Due to factors including climate change, in TRCAs jurisdiction we are seeing more occurrences of high intensity storm events, such as the August 2005 and July 2013 storms both of which exceeded the 100 year storm event. With increased flow, the rates of in-stream and valley erosion also increase. As a result, in the opinion of TRCA, storm events also pose increased risk of pipeline fracture, for if the pipeline becomes exposed, there is risk that debris may fracture the exposed pipeline. As such, TRCA submitted to the NEB that based on the evidence and TRCA s vast experience in dealing with underground utility structures, for each of TRCA s nine watersheds Enbridge must take a proactive approach to address pipeline exposure and failure through geohazard risk assessments; spills response planning through modelling scenarios that include dry and wet weather conditions; and the collection of baseline information to inform any future rehabilitation or restoration planning. Discussions between TRCA and Enbridge Pipelines Inc. As directed by the Authority, on August 22, 2013 TRCA staff met with Enbridge representatives to review the Line 9B Reversal and Line 9 Capacity Expansion Project in relation to TRCA's interests and concerns that were documented in the written evidence submitted to the NEB on August 2, Enbridge staff present at the meeting included the Director, Eastern Region Operations, Senior Manager, Environment (Projects) Canada, Senior Manager, Environment (Operations) Canada, Senior Manager, Pipeline Asset Integrity, Manager, Risk Management Modelling, and Supervisor, Area Operations. Discussion items included: 1. An overview of TRCA concerns as outlined in its written evidence, including proactive pipeline exposure and failure risk assessment, spills response planning, and rehabilitation and restoration planning. Discussions also included an overview of the TRCA Regional Watersheds Monitoring Program and the TRCA Erosion Control Monitoring Program. 2. Discussions included TRCA's information request, including detailed presentations by Enbridge regarding responses to leaks or spills, pipeline integrity, in stream and valley land monitoring programs, pipeline shut-off valves, travel time modelling, environmental monitoring and an ecosystem compensation protocol. 3. A detailed review and discussion of TRCA's Interim Technical Guidelines for the Development of Environmental Management Plans for Underground Infrastructure. 4. A detailed discussion of geohazard risk assessments; spills response planning and modelling; and rehabilitation and restoration planning that was based on the Case Study example of Morningside Creek in the Rouge River watershed At that meeting Enbridge confirmed that it has completed tactical response plans for the Don River watershed, and would be completing plans for the Humber watershed in the near future. Since that time, TRCA and Enbridge have continued to liaise through and phone conversations. CONCLUSION As an intervenor, TRCA was afforded the opportunity to provide a final argument to the NEB based on its original application, as well as its written evidence and responses from Enbridge. TRCA chose to prepare a written argument. The TRCA written argument was referenced and supported in the oral argument of the City of Toronto. 392

12 TRCA Written Argument to the NEB On October 3, 2013, TRCA filed its final written argument with the NEB. In its argument, TRCA advised that TRCA does not oppose Enbridge s application provided its concerns through conditions of approval to be instituted by the NEB. TRCA conditions include addressing pipeline integrity, understanding environmental conditions of potentially affected landscapes in case of a spill, and establishing detailed spill response plans. TRCA understands it will play a supporting role in any spills action plan as an environmental agency and as a landowner, but that the lead response agencies will be Enbridge, the adjacent pipeline operators of Trans-Northern and Sun Canadian, Ministry of the Environment and municipal emergency services. A synopsis of the TRCA proposed conditions to the NEB is provided below: TRCA PROPOSED CONDITION NO Enbridge shall work with TRCA to develop and undertake a comprehensive geohazard risk assessment and monitoring program that includes: a. Survey and analysis of geomorphic conditions (including the horizontal distance of the pipe from the edge of the watercourse to the side of the pipe) b. Survey and analysis of valley erosion (including the horizontal distance of the pipe from the edge of the valley wall to the side of the pipe) c. Review and analysis of hydraulic data and changes to the hydraulic regime through updates to hydraulic modelling (available from TRCA) d. Incorporate the potential impacts of climate change as related to precipitation distribution and volume, as it is recognized that such changes could alter the hydrologic conditions and the hydraulic regime in TRCA s watersheds e. Meet with TRCA to discuss development of a monitoring program that is consistent with TRCA s Erosion Control Monitoring Program f. Update its in-stream and valleyland monitoring procedures and protocols to a level consistent with conservation authority standard 2. Enbridge shall provide TRCA with regular updates on results of comprehensive geohazard risk assessment and monitoring program, updates to the Pipeline Integrity Dig Program, and confirmation of any short-term, long term or emergency permitting requirements in accordance with Ontario Regulation 166/06, together with approvals under the Fisheries Act. TRCA PROPOSED CONDITION NO Enbridge shall work with TRCA to develop a baseline conditions report that will include an evaluation of: a. Geomorphic conditions, including depth of cover survey at all crossings and stream geomorphic conditions b. Valley slope conditions c. Lake Ontario shoreline conditions d. Areas of natural significance e. Terrestrial and aquatic habitat and species f. Hydraulic or hydrologic conditions 393

13 g. Precipitation data h. Sources of drinking water i. Public open spaces, including TRCA lands j. Storm sewer catch basin and outfall location evaluations TRCA PROPOSED CONDITION NO Enbridge shall undertake spill response modelling scenarios that include: a. Dry and wet weather conditions b. Detailed watershed response plans c. Access for containment and cleanup in valley and stream corridors, wetlands and Lake Ontario d. A rehabilitation and restoration strategy e. A compensation strategy 2. Enbridge shall establish a Greater Toronto Area based spill response team as an immediate requirement. 3. Enbridge shall undertake emergency response exercises detailed in NEB Condition 23, and to include lake-based, dry weather and wet weather scenarios for each of TRCA s watersheds and Lake Ontario. TRCA's written evidence, including the detailed conditions, is attached as Attachment 1 to this report. NEXT STEPS 1. In the past, the NEB had indicated they expected to have a decision in January The most recent timetable however indicates the date for the decision is to be determined. 2. The NEB has significant amounts of information to review and synthesize, including: a. Enbridge Application materials, Information Requests from NEB and Intervenors and Responses, Additional Evidence and Reply Evidence. b. Intervenors submissions there are 60 Intervenors. Not all have submitted written evidence and/or final written arguments however, 10 Intervenors submitted Written Final Arguments and 39 Intervenors are presenting Oral Final Arguments either in Montreal or Toronto. c. Letters of Comment - there 111 letters of comment, 43 from municipalities/organizations and 68 from individuals. 4. As advised by TRCA lawyers, it is expected that the NEB will approve Enbridge s application with conditions and timing requirements. Pursuant to the NEB Act, the NEB may impose conditions and timing on those conditions. 5. Any of the NEB s orders may be enforced like an order of the Federal or Superior Court pursuant to section 17 of the Act, and the NEB is able to create offenses, and specifically offenses for failing to comply with an order or a decision, pursuant to the Act. 6. Enbridge will have to report to the NEB on any of the conditions that may be imposed as we saw in the potential draft conditions that the NEB produced last week for review and comment. 7. TRCA staff will report back to the Authority upon the completion of the NEB hearing, to advise of the Board's resolution. 394

14 8. If the NEB approves the project with conditions, staff shall compare the requirements of the Board to TRCA's proposed conditions as submitted in its written evidence. Report prepared by: Beth Williston, extension 5217 and Don Ford, extension s: and For Information contact: Beth Williston, extension 5217 and Don Ford, extension s: and Date: October 17, 2013 Attachments: 1 395

15 Attachment 1 I. OVERVIEW Enbridge Pipelines Inc. Line 9B Reversal and Line 9 Capacity Expansion Project Application under section 58 and Part IV ( Application ) of the National Energy Board Act OH File: OF-Fac-Oil-E Toronto and Region Conservation Authority Written Final Argument 1. Enbridge Pipelines Inc. ( Enbridge ) has applied to the National Energy Board ( NEB ) for approval to reverse the flow of Line 9B between North Westover and Montreal, to expand the capacity of Line 9 between Sarnia and Montreal and a revision to the Line 9 Rules and Regulations Tariff to allow the transport of heavy crude. Line 9B is an existing pipeline. 2. Approximately 65 kilometres of the pipeline is within Toronto and Region Conservation Authority ( TRCA ) jurisdiction. TRCA s jurisdiction includes nine watersheds, the shoreline of Lake Ontario and five drinking water inlets. The pipeline crosses all nine watersheds and in the event of a spill, has the potential to impact naturally sensitive areas, endangered species and drinking water quality. Four of these watersheds are of national or provincial significance. Details on each of these watersheds are set out in TRCA s Written Evidence. 3. TRCA objectives are to ensure that: a. any malfunctions, accidents and spills are minimized, and b. in the event of a malfunction, accident or spill, damage to the environment (including terrestrial and aquatic habitat and species, valley and stream corridors, the Lake Ontario shoreline, public open spaces, including TRCA lands, and drinking water sources) is minimized. 4. TRCA s submissions focus on NEB Issues 4, 5, 6, 8 and TRCA submits that TRCA s objectives can be accomplished if Enbridge takes a proactive approach, outlined in detail in Section III and IV below and described in TRCA s Written Evidence. 6. In summary, Enbridge must take a proactive approach to a. monitor pipeline integrity b. understand environmental concerns (including geomorphic conditions, valley slope conditions, areas of natural significance, terrestrial and aquatic species and habitats, sources of drinking water and hydrology), and c. establish detailed spills response plans that include hydraulic conditions during base and high flow, (flow rates, velocities, and flood plain extent), environmental concerns, baseline conditions and timely access to spill location and staging locations (including a Toronto based spills response team), and mitigation. 7. TRCA comments on NEB s Draft Potential Conditions ( NEB Potential Conditions ) and provides additional conditions that address TRCA s concerns in Section IV below. TRCA submits these conditions should be included in any approval issued by the NEB prior to approving Enbridge s application. 396

16 8. Provided that TRCA s concerns and conditions regarding the proactive mitigation of potential adverse effects to the environment are satisfied as detailed in Sections III and IV, TRCA does not oppose Enbridge s application. II. PROJECT DESCRIPTION 9. The NEB, in Hearing Order OH issued February 19, 2013, defined the scope of Enbridge s application as the reversal of the Line 9B pipeline from North Westover to Montreal, the expansion of the capacity of Line 9 between Sarnia and Montreal and a revision to the Line 9 Rules and Regulations Tariff to allow the transport of heavy crude. 10. The Project is limited to the existing pipeline. TRCA understands that no new pipelines will be constructed. III. PROACTIVE APPROACH TO UNDERSTANDING ENVIRONMENTAL CONCERNS AND MITIGATING POTENTIAL ADVERSE EFFECTS 11. On August 27, 2013, Enbridge met with TRCA staff to discuss mitigation strategies for pipeline integrity, emergency response strategies, improvements to emergency preparedness, incident command structure and on-going dialogue between TRCA and Enbridge. 12. TRCA believes the meeting with Enbridge is a positive first step towards a proactive approach and demonstrates Enbridge s acceptance of the need to understand the environmental and hydraulic conditions and incorporate these conditions into proactive pipeline integrity monitoring and emergency response plans. A. Monitoring Pipeline Integrity 13. Enbridge must monitor pipeline exposures and long term in-stream and valley erosion. Mitigation and monitoring prior to pipeline exposure, or in the worst case of a breach, is imperative to ensure pipeline issues are corrected before there is a failure or leak. 14. TRCA s concerns with pipeline infrastructure on or near valley lands, streams and wetlands include: a. the in-stream depth of cover over the pipeline i. when downcutting of the watercourse occurs, there must be sufficient overburden cover to ensure the integrity of the pipeline is protected during high flow conditions ii. the watersheds in TRCA's jurisdiction are largely urban systems, where downcutting is at a higher rate than in rural scenarios due to increased rates of flow, and where discharges are frequent, flashy and of a significant velocity. Changes to the hydraulic regime must be accounted for on an ongoing basis through updates to hydraulic modeling, including valley erosion and geomorphic survey and analysis, and precipitation and hydraulic data analysis, and 397

17 iii. the impacts of climate change could affect precipitation distribution and volume that could alter the hydrologic conditions and the hydraulic regime in TRCA's watersheds. The frequency of modeling, survey and analysis may need to be adjusted to account for hydrologic and hydraulic regime changes. b. the horizontal distance of the pipe from the edge of the watercourse to the side of the pipe. When streambank erosion occurs, there must be sufficient riparian cover to ensure the integrity of the pipeline is protected c. the horizontal distance of the pipe from the edge of the valley wall to the side of the pipe. When valley wall erosion occurs, there must be sufficient cover to ensure the integrity of the pipe is protected d. during the meeting between TRCA and Enbridge, it was noted that, if unmitigated, an oil leak from a pipeline break on the tableland may travel overland, pass through the street level catch basin, through the storm sewer system and then discharge directly to the river or wetland. All potential storm sewers that have direct connections to wetlands, rivers or valleylands must be assessed, and included in the detailed response plans. 15. TRCA notes from the review of information submitted by Enbridge that there have been limited or no surveys or evaluations of the following: a. depth of cover survey at all crossings b. stream geomorphic conditions c. valley slope conditions d. areas of natural significance e. terrestrial and aquatic habitat and species f. hydraulic or hydrologic conditions g. sources of drinking water h. public open spaces, including TRCA lands i. storm sewer catch basin and outfall location evaluations, and j. procedure for pipeline repair or securement. Note: Under Ontario Regulation 166/06 regular or emergency works permits may be required, together with approvals under the Fisheries Act. 16. A proactive and scientific approach to understanding the depth of cover, both in stream and on the valley slopes is fundamental in assessing, evaluating and preventing issues related to exposure. As part of specific project agreements or on a priority basis, TRCA implements TRCA s Erosion Control Monitoring Program, to monitor erosion and instability-prone areas, evaluate results and implement stabilization works on a priority basis. 17. TRCA has developed standardized protocols and procedures to identify, assess, track and prioritize erosion hazards using a relational web-based database that allow sites to be added and modified in real-time as new hazards are identified and priorities re-evaluated. These monitoring sites include erosion hazards on private property, existing public erosion control structures, and select municipal infrastructure (sanitary sewer crossings, retaining walls, park trails, etc.). At TRCA s meeting with Enbridge on August 27, 2013, Enbridge expressed interest in reviewing TRCA s Erosion Control Monitoring Program and the associated monitoring parameters. TRCA and Enbridge will continue to engage in discussions in this regard. 398

18 18. Over the past three years, TRCA has responded to three emergency situations related to the Enbridge Line 9B pipeline. The pipeline was not broken or breached in any of these circumstances. However, if proper study had been undertaken by Enbridge, it is TRCA s opinion that the depth of cover, or lack thereof, could have been determined in advance of the visual inspection that discovered the exposure, and the declaration by Enbridge of an emergency situation related to the pipeline. 19. To reduce or eliminate these emergency situations, TRCA submits that Enbridge should be required to carry out monitoring consistent with TRCA s Erosion Control Monitoring Program and update in-stream and valleyland monitoring procedures. 20. The number and placement of automated shut off valves is a concern for TRCA given the significance of the watersheds, urban populations and infrastructure, including drinking water intakes under TRCA s jurisdiction. At the August 27, 2013 meeting between Enbridge and TRCA, Enbridge confirmed that Enbridge is investigating the number and placement of automated shut off valves. 21. Enbridge s updated response to NEB Information Request 4.7 outlines the addition of two shut off valves along the pipeline within TRCA s jurisdiction at KP (MP ) and KP (MP 1916). Enbridge must continue to assess shut off valve locations as Enbridge obtains additional information about TRCA s watersheds. B. Understanding Environmental Conditions 22. Environmental information that will be useful to Enbridge in the development of a proactive spills response plan for Line 9B are available from TRCA for TRCA s nine watersheds. At the meeting between TRCA and Enbridge on August 27, 2013, Enbridge expressed interest in working with TRCA to obtain relevant environmental information. 23. Spill response, clean-up, restoration and compensation are not possible without first establishing and understanding baseline information about the watersheds in advance of any spill. 24. TRCA has environmental information including: a. regional Watershed Monitoring Program b. flood plain mapping and flood modeling c. stream flow and precipitation data d. terrestrial Natural Heritage Management Program e. erosion Management Program f. watershed-based Habitat Restoration Program 25. TRCA submits that this information is crucial to Enbridge understanding the environmental conditions of each watershed, planning a detailed spills response plan and providing ecosystem compensation and restoration following a spill. Enbridge should be required to obtain this information and incorporate it into watershed specific spill response plans. 399

19 C. Establishing Detailed Spills Response Plans 26. TRCA s experience shows that preparation of an Environmental Management Plan ( EMP ) using the TRCA Technical Guidelines for the Development of Environmental Management Plans for Underground Infrastructure, Revised July 2013, would result in a proactive approach to managing potential failures or fractures of the Line 9B pipeline in valley and stream corridors and wetland areas, and provide a means of ensuring the protection, mitigation and restoration including terrestrial and aquatic habitat and species, valley and stream corridors, the Lake Ontario shoreline, and public open spaces, including TRCA lands. TRCA has expertise and data available to Enbridge and should be consulted prior to Enbridge initiating work on an EMP. 27. The conservation, restoration, development and management of natural resources in each of TRCA s nine watersheds as well as the nearshore of Lake Ontario, may be impacted by malfunctions or accidents on Line 9B. Depending upon stream flow conditions, homes and businesses in flood plain areas, the source water protection areas and the Lake Ontario drinking water intakes in the City of Ajax, the City of Toronto and the City of Mississauga may also be impacted. 28. When Enbridge discovers a spill, Enbridge must have already established a detailed mitigation plan for each of the TRCA watersheds to reduce response times, eliminate unnecessary delays caused by establishing response and mitigation plans at the time of the spill and ensure that impacts are minimized. 29. Enbridge s materials advise that once a spill is detected, it could take an additional 1.5 to 4 hours to respond once a spill has been detected. The time for Enbridge to respond to a spill could be upwards of six hours. 30. TRCA s modelling for a spill at the Morningside Creek, a tributary of the Rouge River, revealed that in low flow conditions, a spill from Line 9B could spread to Lake Ontario in 14 hours. Under high flow conditions, this travel time may be dramatically reduced to as little as six hours or less. It is expected that for each crossing location, the times of travel to Lake Ontario could vary significantly based on the river or creek s specific hydraulic and flow conditions. The most critical time for spills management is during high flow events. 31. The EMP must include: a. scenario modelling under a variety of hydraulic conditions, including dry weather and a variety of storm frequencies and seasonal changes, the extent of the flood plain, velocity of storm flows to determine spill containment methods, available access areas, and travel times b. ocation of storage and staging areas c. timely notification of regulating agencies d. timely containment of the spill including: i. control plan for a breach in the pipe, and ii. control plan for the oil flow, including access to containment areas e. disaster scenario training during base and high flow, and seasonal (summer/winter) conditions 400

20 f. methods for identifying aquatic and terrestrial species and habitats impacted by the spill, and g. methods for establishing a rehabilitation and restoration strategy in the event of a spill, including baseline conditions and a method for determining if there is adequate restoration and compensation. 32. In the meeting between TRCA and Enbridge on August 27, 2013, Enbridge recognized that watershed based EMPs should be completed on a priority basis. 33. TRCA s top priority watersheds for emergence response and mitigation planning are the Don River, Humber River, Rouge River and Duffins Creek watersheds. 34. The remaining TRCA watersheds of the Etobicoke Creek, Mimico Creek, Petticoat Creek, Carruthers Creek and Highland Creek should also be assessed and prioritized against all watersheds along the pipeline as time and funding permit. 35. A Spills Response Team located in the Greater Toronto Area would reduce the travel time required for a response team to reach a spill in TRCA s jurisdiction and initiate emergency response protocols and mitigation. This could result in fewer impacts to the environment and drinking water. The spills response team must be equipped to deal with oil in Lake Ontario. IV. COMMENTS ON NEB S DRAFT POTENTIAL CONDITIONS 36. TRCA has reviewed the NEB Potential Conditions. Below are TRCA s comments on the NEB Potential Conditions and proposed language for additional conditions. A. Conditions to Monitor Pipeline Integrity 37. TRCA recognizes that NEB Condition 15 addresses the number and placement of automatic shut off valves. However, TRCA considers the review and implementation of the automatic shutoff valves as an immediate and ongoing requirement as Enbridge undertakes the Watercourse Crossing Management Plan in Condition 22, the EMP and the baseline environmental condition report. 38. TRCA appreciates that the NEB recognizes in NEB Condition 16 that a comprehensive geohazard risk assessment and monitoring program is required and sets some details in NEB Conditions 17 and 22. However, TRCA is concerned that the geohazard risk assessment and monitoring program is not sufficiently robust to address TRCA s concerns. 39. TRCA proposes the following language to address the additional information required for the geohazard risk assessment: TRCA PROPOSED CONDITION NO. 1 Enbridge shall a. Work with TRCA to develop and undertake a comprehensive geohazard risk assessment and monitoring program that includes: 401

21 i. survey and analysis of geomorphic conditions the horizontal distance of the pipe from the edge of the watercourse to the side of the pipe ii. survey and analysis of valley erosion the horizontal distance of the pipe from the edge of the valley wall to the side of the pipe iii. review and analysis of hydraulic data and changes to the hydraulic regime through updates to hydraulic modeling (available from TRCA) iv. incorporate the potential impacts of climate change in terms of precipitation distribution and volume, recognizing that such changes could alter the hydrologic conditions and the hydraulic regime in TRCA s watersheds; adjust the frequency of modeling, survey and analysis of the above factors v. meet with TRCA to discuss development of a monitoring program that is consistent with TRCA s Erosion Control Monitoring Program vi. update its in-stream and valleyland monitoring procedures and protocols to a level consistent with conservation authority standard b. provide TRCA with regular updates on results of comprehensive geohazard risk assessment and monitoring program, updates to the Pipeline Integrity Dig Program, and confirmation of any short-term, long term or emergency permitting requirements in accordance with Ontario Regulation 166/06, together with approvals under the Fisheries Act. B. Conditions to Understand Environmental Conditions 40. The NEB Potential Conditions do not require Enbridge to understand and plan for existing environmental conditions. 41. TRCA proposes the following conditions to develop a baseline environmental condition report: TRCA PROPOSED CONDITION NO. 2 Enbridge shall a. Work with TRCA to develop a baseline conditions report that will include an evaluation of: i. Geomorphic conditions, including depth of cover survey at all crossings and stream geomorphic conditions ii. Valley slope conditions iii. Lake Ontario shoreline conditions iv. Areas of natural significance v. Terrestrial and aquatic habitat and species vi Hydraulic or hydrologic conditions vii. Precipitation data viii. Sources of drinking water ix. Public open spaces, including TRCA lands x. Storm sewer catch basin and outfall location evaluations C. Conditions to Establish Detailed Spills Response Plans 42. TRCA respectfully submits that the NEB Conditions do not adequately address proactive spill response planning. 402

22 43. Spill response modelling scenarios must include: a. dry and wet weather conditions b. detailed watershed response plans c. access for containment and cleanup in valley and stream corridors, wetlands and Lake Ontario d. a rehabilitation and restoration strategy, and e. a compensation strategy. 44. TRCA considers establishment of a Great Toronto Area based spills response team as an immediate requirement. 45. Emergency response exercises detailed in NEB Condition 23 need to include lake based, dry weather and wet weather scenarios for each of TRCA s watersheds and Lake Ontario. 46. To address TRCA s concerns about the need for detailed spill response plans, TRCA proposes the following conditions: TRCA PROPOSED CONDITION NO. 3 Enbridge shall: a. use the TRCA Technical Guidelines for the Development of Environmental Management Plans(EMP) for Underground Infrastructure, Revised July 2013, to inform the development of watershed based spills response plans b. the EMP must include: i. scenario modelling under a variety of hydraulic conditions, including dry weather and a variety of storm frequencies and seasonal changes, the extent of the flood plain, velocity of storm flows to determine spill containment methods, available access areas, and travel times ii. location of storage and staging areas iii. timely notification of responding and regulating agencies iv. timely containment of the spill including control plan for a breach in the pipe and control plan for the oil flow, including access to containment areas v. disaster scenario training during base and high flow, and seasonal (summer/winter) conditions, as well as in Lake Ontario vi. methods for identifying aquatic and terrestrial species and habitats impacted by the spill, and vii. methods for establishing a rehabilitation and restoration strategy in the event of a spill, including baseline conditions and a method for determining if there is adequate restoration and compensation. c. prioritize the development of watershed-based EMPs in TRCA s jurisdiction for the Don River, Humber River, Rouge River and Duffins Creek Watersheds d. prioritize the remaining TRCA watersheds: Etobicoke Creek, Mimico Creek, Petticoat Creek, Highland Creek and Carruthers Creek. e. ensure the EMP includes a review and assessment of all storm sewers that have direct connections to wetlands, rivers or valley lands, and f. provide a Spills Response Team based in the Greater Toronto Area that is equipped to deal with an oil spill in Lake Ontario. Ensure there are clear roles for responders and a coordinated response for notification of all agencies. 403

23 V. CONCLUSION 47. Provided that TRCA s concerns are satisfied, including revisions to the NEB Conditions to address pipeline integrity, understanding environmental conditions and establishing detailed spills repose plans, TRCA does not oppose Enbridge s application. 48. TRCA looks forward to ongoing cooperation between Enbridge and TRCA to create EMPs that will respond to and manage potential failures or fractures along the pipeline and ensure protection, mitigation and restoration of t terrestrial and aquatic habitat and species, valley and stream corridors, the Lake Ontario shoreline, public open spaces, including TRCA lands under TRCA s jurisdiction, in the event of a malfunction, accident or spill. ALL OF WHICH IS RESPECTFULLY SUBMITTED THIS 3 rd day of October, 2013 Jacquelyn Stevens / Joanna Vince Willms & Shier Environmental Lawyers LLP Counsel to Toronto and Region Conservation Authority ** References cited in original Written Final Argument 404

24 RES.#A165/13 - Moved by: Seconded by: EXCHANGE OF LANDS Fire/EMS station, Town of Caledon, Regional Municipality of Peel, CFN Receipt of request from the Town of Caledon to exchange lands to facilitate the construction of a Fire/EMS station located in the Bolton area of the Town of Caledon, Regional Municipality of Peel. Ronald Chopowick David Barrow WHEREAS the Toronto and Region Conservation Authority (TRCA) is in receipt of a request from the Town of Caledon (Caledon) to enter into an exchange of land; AND WHEREAS it is in the opinion of TRCA that it is in the best interest of TRCA in furthering its objectives, as set out in Section 20 of the Conservation Authorities Act, to proceed with an exchange of land in this instance; THEREFORE LET IT BE RESOLVED THAT TRCA enter into an exchange of lands on the following basis: a) TRCA will convey to Caledon a parcel of land containing 1.2 hectares (3 acres), more or less, being Part of Lot 11, Concession 16, Town of Caledon, Regional Municipality of Peel, located north of Cross Country Boulevard, west of Regional Road 50, (Attachment 1); b) Caledon will convey to TRCA various parcels of land containing a total of 14 hectares (35 acres), more or less, being Part of Road Allowance between Concessions 5 and 6, Part of Road Allowance between Concessions 7 and 8, Part of Road Allowance between Lots 10 and 11, Part of Glassco Road, Part of Lot 22, Concessions 5 and 6, Part of Lot 12, Concession 5 and Part of Lot 7, Concession 9; Town of Caledon, Regional Municipality of Peel, (Attachment 2); c) Caledon will pave of a portion of the internal road system in the Albion Hills Conservation Area; d) Caledon will construct a parking lot for the Albion Hills Community Farm for 20 cars adjacent to the proposed Fire/EMS station; e) That any remaining difference between the higher market value of the TRCA lands and the value of the items outlined above be contributed by TRCA to the development of community space at the Caledon Equestrian Park; THAT an archaeological investigation be completed, with any mitigative measures being carried out to the satisfaction of TRCA staff, at the sole expense of Caledon; A permit pursuant to Ontario Regulation 166/06 be obtained prior to commencement of construction if required; 405

25 THAT the conveyance of land be subject to a landscaping plan, subject to the approval of TRCA staff; THAT the sale be subject to the approval of the Minister of Natural Resources in accordance with Section 21(2) of the Conservation Authorities Act C.27 as amended; That the firm of Gardiner Roberts LLP, be instructed to complete the transaction at the earliest possible date. All reasonable expenses incurred incidental to the closing for land transfer tax, legal costs, and disbursements are to be paid; AND FURTHER THAT appropriate TRCA officials be directed to take the necessary action to finalize the transaction including obtaining needed approvals and signing and execution of documents. CARRIED BACKGROUND Resolution #A248/12 at Authority Meeting #10/12, held on January 4, 2013, agreed to allow Caledon to include TRCA properties located north of King Street West, east of Duffy's Lane and north of Cross Country Boulevard, west of Regional Road 50, in a feasibility study for a new Fire/EMS station within the community of Bolton. The results of this study determined that the TRCA property located north of Cross Country Boulevard, west of Regional Road 50 was the preferred site for the Fire/EMS station. Caledon has requested that TRCA convey this parcel of land to Caledon for construction of the Fire/EMS station. In exchange for this parcel of land Caledon is proposing to convey to TRCA various parcels of land including a number of road allowances in the Bolton area and adjacent to Albion Hill Conservation Area and a parcel adjacent to the Bolton channel. Since the market value of the TRCA parcel is significantly higher than the Caledon lands, Caledon has also agreed to pave a portion of the internal road system in Albion Hills Conservation Area, and construct a 20 car parking lot adjacent to the proposed Fire/EMS station for the Albion Hills Community Farm. Caledon has requested that any remaining difference between the market value of the TRCA parcel and the above-noted items be contributed by TRCA to the construction of a community facility at the Caledon Equestrian Park. RATIONALE The construction of the Fire/EMS station on TRCA land at Cross Country Boulevard, west of Regional Road 50 will allow Caledon to eliminate the existing fire hall operation presently situated within the Regional Storm Flood Plain of the Humber River. The acquisition of the various parcels of land from Caledon will consolidate TRCA holdings in the Bolton and Albion Hills areas. There is funding in the 2013 budget to undertake improvements to the road base from the pool parking lot to Albion Hills Community Farm. Currently there is no funding available to undertake any paving. Caledon has agreed to pave this section, as well as the sections of road leading to the Albion Hills Field Centre and the road leading to the pool parking lot. 406

26 The proposed Fire/EMS station will be located on a portion of the lands presently leased to the Albion Hills Community Farm at this location. The farm has requested the construction of a 20 space parking lot for community farming operations that was previously proposed at this location in exchange for the loss of this area from their lease. The contribution of the difference in market value from this transaction along with additional funding from Caledon will allow for construction of additional building area at the Caledon Equestrian Park which will be available for community use and office space to be leased to equine related organizations. TRCA will share in revenues generated from these facilities. TAXES AND MAINTENANCE Based on TRCA's preliminary review of the environmental criteria for lands that are eligible to receive a property tax exemption under the provincial Conservation Land Tax Incentive Program, it would appear that all the subject property would be eligible for exemption for the 2014 taxation year. The addition of the subject parcel of land will not significantly impact TRCA's maintenance costs at this location, as TRCA owns and maintains lands adjacent to each parcel being conveyed. FINANCIAL DETAILS Caledon and TRCA will be responsible for their own legal and environmental audit fees and the survey costs will be split 50/50. TRCA's share of costs for this acquisition are to be charged to the TRCA land acquisition capital account. Report prepared by: Jae Truesdell, extension s: jtruesdell@trca.on.ca For Information contact: Mike Fenning, extension 5223; Jae Truesdell, extension s: mfenning@trca.on.ca; jtruesdell@trca.on.ca Date: October 07, 2013 Attachments: 2 407

27 Attachment 1 408

28 Attachment 2 409