Disposal at sea permit ATL-00500-1

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laws-lois.justice.gc.ca

Canadian Environmental Protection Act, 1999

Notice is hereby given that the Minister of the Environment, pursuant to section 127 of the Canadian Environmental Protection Act, 1999 (CEPA), is issuing disposal at sea permit no. ATL-00500-1, authorizing the loading for disposal and the disposal of waste or other matter at sea. The permit is published in the Canadian Environmental Protection Act Registry on Tuesday, August 27, 2024. All documents referenced in this permit are available upon request by email at immersionatl-disposalatseaatl@ec.gc.ca.

1. Permittee: Irving Oil Limited, Saint John, New Brunswick.

2. Waste or other matter to be disposed of: dredged material.

2.1. Nature of waste or other matter: dredged material consisting of gravel, sand, silt, and clay.

3. Duration of permit: The permit is valid from September 5, 2024, to September 4, 2025.

3.1. The loading and disposal at sea activities are restricted to the following periods: from September 5, 2024, to November 10, 2024; from January 15, 2025, to March 31, 2025; and from July 1, 2025, to September 4, 2025.

4. Reference document: Figure titled “Irving Oil Limited – Docks 1 and 2 Load (Dredge) Site and Black Point Disposal Site” (July 5, 2024).

5. Loading site: Docks 1 and 2 of the East Saint John Marine Terminal, Courtenay Bay, Saint John, New Brunswick, at approximately 45.27478° N, 66.04018° W North American Datum of 1983 (NAD83), as described in the document identified in paragraph 4.

6. Disposal site: Black Point (CA-AT-D013), Saint John, New Brunswick, bound by 45.21650° N, 66.02633° W; 45.21667° N, 66.01767° W; 45.20555° N, 66.00579° W; and 45.20496° N, 66.02573° W (NAD83), as described in the document identified in paragraph 4.

7. Method of loading: Dredging will be carried out using a barge-mounted mechanical dredge.

8. Route to disposal site and method of transport: most direct navigational route from the loading site to the disposal site via hopper barge.

9. Method of disposal: Disposal will be carried out by bottom dumping.

10. Total quantity to be disposed of: not to exceed 50 000 cubic metres, place measure.

11. Fees: The fee prescribed by the Disposal at Sea Permit Fee Regulations must be paid by the permittee in accordance with those regulations as modified according to the provisions of the Service Fees Act. The applicable fee rates for April 1, 2024, are in effect for the duration of this permit.

12. Inspection and records:

12.1. Pursuant to Part 10 of CEPA, the permittee and its contractors are subject to inspection by enforcement officers designated under CEPA.

12.2. The permittee must keep records of all loading and disposal activities aboard any powered ship involved with the disposal operations. The records must be accessible to enforcement officers designated under CEPA.

12.3. At all times, a paper or digital copy of this permit and each of the documents referenced in paragraphs 4 and 14.1 must be available at the loading site and on all powered ships directly engaged in the loading and disposal operations. The documents must be accessible to enforcement officers designated under CEPA for the duration of this permit.

12.4. The permittee must retain records of all loading and disposal activities at its principal place of business in Canada for the duration of the permit and for 5 years following the expiry of the permit.

12.5. The loading or disposal at sea referred to under this permit must not be carried out by any person without written authorization from the permittee. The authorization must be accessible to enforcement officers designated under CEPA.

13. Reporting and notification:

13.1. The permittee must provide the following information, in writing, at least 48 hours before loading and disposal activities commence: name or identification number of powered ships, platforms or structures to be used to carry out the loading and/or disposal, name of the contractor including corporate and on-site contact information, and expected period of loading and disposal activities. The above-noted information must be submitted to:

  1. Christa Skinner
    Permit Officer
    Environmental Protection Operations Directorate
    Department of the Environment
    Atlantic Region
    45 Alderney Dr
    Dartmouth NS  B2Y 2N6

    Email: immersionatl-disposalatseaatl@ec.gc.ca

  2. Annick Savoie
    Enforcement Officer
    Environmental Enforcement Directorate
    Department of the Environment
    Atlantic Region
    33 Weldon St
    Moncton NB  E1C 0N5

    Email: annick.savoie2@ec.gc.ca

  3. Luc Savoie
    Biologist, Regulatory Review
    Department of Fisheries and Oceans
    343 Université Ave
    Moncton NB  E1C 9B6

    Email: luc.savoie@dfo-mpo.gc.ca

  4. Wolastoqey Nation in New Brunswick
    Box 14 - 150 Cliffe St
    Fredericton NB  E3A 0A1

    Email: colin.curry@wolastoqey.caian.peach@wolastoqey.ca

  5. Mi'gmawe'l Tplu'taqnn Incorporated
    40 MicMac Rd
    Eel Ground NB  E1V 4B1

    Email: melissamcbain@migmawel.orgelilarry@migmawel.org

13.2. The permittee must notify the Canadian Coast Guard Marine Communications and Traffic Services (MCTS) in Sydney (navwarn.mctssydney@innav.gc.ca), in writing, in advance of the commencement of work so that appropriate navigational warnings may be issued.

13.3. The permittee must submit a written report to the minister, as represented by the regional director of the Environmental Protection Operations Directorate, Atlantic Region, care of Christa Skinner, as identified in paragraph 13.1a, within 30 days after the expiry of the permit. This report must provide the quantity of matter disposed of at the disposal site and the dates on which disposal activities occurred.

14. Plans to be submitted to the Department of the Environment before the commencement of the work:

14.1. The permittee must submit a written Dredged Material Disposal Plan (DMDP) outlining the format for the advance notification, procedures to accurately measure or estimate quantities of dredged material disposed of at the disposal site, the release zone, vessel tracking, and a schedule for use of the disposal site. The plan must also address mitigation measures related to lobster, controls for debris management and litter, and spill response. The plan must be submitted to the minister, as represented by the regional director of the Environmental Protection Operations Directorate, Atlantic Region, care of Christa Skinner, as identified in paragraph 13.1a, no later than 7 days before loading and disposal activities authorized by this permit commence. Modifications to the DMDP must be made in writing to the Department of the Environment.

15. Special precautions:

15.1. The permittee must carry out project activities authorized by this permit in accordance with all procedures and mitigation measures outlined in the DMDP referenced in paragraph 14.1.

On behalf of the Minister of Environment and Climate Change

Michael Hingston
Acting Regional Director
Environmental Protection Operations Directorate
Atlantic Region

Signed on August 15, 2024

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