“Suspect Soil”

Over the past year, Line 9 Communities has increasingly been contacted by land owners along the pipeline. Through listening to their concerns, it has become apparent that their stories share similar threads – poor communication by Enbridge, integrity dig complications, and feelings of frustration and helplessness. However, when these stories are woven together, the strength of connected experiences creates a very powerful story. My hope is that I can help make these connections and empower people to get their communities talking.

Below is the compelling story and photos provided by a landowner whose life has been altered by the pipeline. The “integrity dig” began prior to the Enbridge Line 9B application in 2012. The dig remains open to this day with an NEB Board ordered Environmental Site Assessment for the areas around the dig.

In October 2012, Enbridge found “suspect soil” around the pipeline integrity dig excavation within the pipeline right of way that runs along the property.

The land owner was not notified about this “suspect soil” and olfactory evidence. Only when they contacted Enbridge one week later about an environmental mitigation request, were they casually told there could be contamination on site and that Enbridge had “been meaning to call” them. The company was prepared to backfill (re-bury) the pipeline, until the landowner questioned soil quality and test results, and threatened to contact overseeing regulatory bodies. Enbridge begged the landowner not to do this.  However, when landowner concerns and questions were not adequately addressed after giving Enbridge 2 days to do so, the landowner reported the findings to the Ontario Spills Action Centre, which in turn, amongst other agencies, notified the National Energy Board (NEB).

Enbridge did not report any of their findings to the NEB until after being informed the landowner had reported it.

Two test pits were dug, one 15m and the other 30m west of the integrity dig to monitor sample soil and water quality.

No suspect soil was found at the 15m pit. However, “suspect soil” was found at the 30m pit. This “suspect soil” was on the south side of the pipeline which runs parallel to a creek that is part of the local watershed and eventually flows into Lake Ontario.

Enbridge’s Operations and Maintenance Notification in 2012 to the NEB for this dig states:

Ground disturbance using power equipment within 30m of a wetland or waterbody

Distance to wetland or waterbody:     15 m

Wetland or waterbodies will be crossed in accessing the site:     Yes

Further to the above issues, the landowner noted from paperwork they were provided by Enbridge, that Enbridge began pumping the potentially contaminated water out of the dig pit well in advance of the date Enbridge was issued an MOE permit to take water. The dig and test pits have been exposed to the elements and filled up / overflowing multiple times over the past year and a half.

“Enbridge had the audacity to ask the landowner to keep an eye on the site during the Christmas holiday period in 2012, and notify them of any issues, as Enbridge staff would not be on site during that period.” – Landowner

In 2008, another dig on the property was backfilled without soil testing. Soil testing is not required during integrity digs unless workers see or smell potential hydrocarbon contamination. Just west of the 2008 dig, brown foam was observed in April 2013. The landowners called Enbridge and the NEB immediately and received a rapid response. When the soil area was tested, it was found to contain over 4 times the provincial maximum standard for toluene.

The lack of information provided is staggering. This landowner did not receive any preliminary information that Enbridge was even  making an application to reverse Line 9 in the area.

However, Enbridge’s Pre-Application Letter to the NEB on October 11, 2012, stated:

“Stakeholder Groups Consulted

Early in the planning process for the Project, potentially affected groups and individuals (listed below) were identified, and appropriate levels and methods of consultation were determined for each.

• Directly affected landowners, tenants and residents along the existing pipeline ROW;”

and

“Project Information Mail Outs

• Enbridge distributed Project consultation packages to 2,652 landowners and other stakeholders along the ROW to describe the proposed Project and inform them of how to communicate any concerns with either Enbridge or the NEB (May 17, 2012);”

In fact, this landowner did not even receive the consultation package as described above.

If this all seems like too much for a landowner to have to deal with – it is. To make matters worse, Enbridge has provided notification that they are planning another integrity dig on the landowner’s property in 2014 due to a possible crack in their pipeline near the area where toluene was found.

The story is far from over!

Photos:

Pipe undergoing final stages of maintenance

Dig filling with water from rain and run off

Dig still filling with water from rain and run off

Uncovered soil stockpile of “suspect soil”; see stake

Overflowing dig

Still uncovered soil stockpile of “suspect soil”; see stake stating “suspect soil”

Still uncovered soil stockpile of “suspect soil”; see stake again

Vac trucks pump water from dig, trying to reduce overflow, erosion & runoff into creek and environment and to prevent spreading of potential contamination

As Above

Water from overflowing dig undercutting erosion barrier

Ruts Enbridge created on landowners property, working in wet conditions carelessly

Extensive run off, erosion from integrity dig on R, towards creek on L

Sheen observed in water overflowing from stockpiles

Brown foam with sheen on Enbridge right of way, which is about 75 paces from a creek feeding into Lake Ontario

Brown foam with sheen on Enbridge right of way (as in above photo)  No vegetation where there is foam/sheen

December 2013 – No Changes – Dig and all excavations still open, filled with water/ice, and overflowing

As of February 2014 – Still no changes.