AER Order against Bonavista for contaminating drinking water supply near Edson with sulfolane by Don Weleschuk, Acting Director, Closure and Liability, November 8, 2016, Alberta Energy Regulator
Under section 113 of the Environmental Protection and Enhancement Act
Colin Hennel, Manager, Environment
Bonavista Energy Corporation (A5RX)
1500, 525 – 8th Avenue SW
Calgary, AB, T2P 1G1
WHEREAS Bonavista is the holder of gas plant facility licence No. 12454 for the South
Rosevear Gas Unit No. 1 sour gas plant located at 10-11-054-15 W5M (“Gas Plant”), and has owned and operated the Gas Plant since July 2010;
WHEREAS documentation filed with the AER and its predecessors in respect of the Gas Plant approvals and licences indicates that the substance sulfolane has been used at the Gas Plant since the operation of the Gas Plant began;
WHEREAS Bonavista discontinued the use of sulfolane in its sour gas processing in 2014, as described in the 2015 Renewal Application for the Gas Plant submitted by Bonavista Energy Corporation in February 25, 2015;
WHEREAS sulfolane is a component of sulfinol and is used in the sour gas sweetening process;
WHEREAS sulfolane is a substance known to be harmful to human health and the environment and must be transported, handled, used, stored and disposed so as to prevent a release into the environment;
WHEREAS a sulfolane concentration of 0.42 mg/L was detected in the groundwater sample reported in the 2008 Annual Groundwater Monitoring Program Report for the Gas Plant;
[Hydraulic Fracturing in Alberta Compare Check.
Where are the “regulator” orders for these cases?
Encana illegally fracturing and contaminating Rosebud’s drinking water aquifers in 2004:
Later test results (than those summarized above) by the regulator found extremely danagerous methane concentrations of 100 mg/l in Debbie Signer’s “tap water.”
Encana’s 2005 experimental shallow fracs at Shawn and Ronalie Campbell’s ranch, subsequently their drinking water dangerously contaminated with methane and ethane:
Frac’s gone wrong at Bruce Jack’s contaminating his drinking water (aka “tap water”) with dangerous levels of methane and ethane:
Years of Bellatrix/Angle Energy’s non-compliances and messes left haphazardly around Diana Daunheimer’s farm, home and children:
Slides above on Angle (now Bellatrix) by Diana Daunheimer. Watch the Alberta government and AER enabled frac horror for yourself: Diana Daunheimer – Lawsuit on frack harms – Didsbury, Alberta – Sept. 18, 2015
Nielle and Howard Hawkwoods frac’d and radioactive ranch near Calgary:
What does AER provide instead for frac’d contamination cases?
Charter violations and defamation of the harmed?
End Hydraulic Fracturing in Alberta Compare Check.]
WHEREAS sulfolane has been detected on-site in soils and groundwater at the Gas Plant, as detailed within the 2015 Annual Groundwater Monitoring Report, prepared by Terex
Environmental Solutions on April 30 2016;
WHEREAS in March 2014 sulfolane was detected in off-site domestic water wells S27 and S28 located at 13-13-054-15 W5M, and S29 located approximately 2 kilometers from the Gas Plant Site at 14-13-054-15 W5M, detailed within the 2015 Regional Groundwater Monitoring Program submitted by Bonavista Energy Corporation (prepared by Terex Environmental Group) in April 2016 in concentrations exceeding the 2016 Alberta Tier 1 Soil and Groundwater Remediation Guidelines potable water guideline;
WHEREAS the groundwater Sulfolane Plume is delineated in the 2015 Regional Groundwater Monitoring Program submitted by Bonavista Energy Corporation (prepared by Terex Environmental Group) in April 2016 as originating at the site of the Gas Plant and extending North-East off-lease to 13-13-054-15 W5M (“Sulfolane Plume”);
WHEREAS Shaunna Cartwright, Director, Closure and Liability (Director), has been authorized to issue orders under the Environmental Protection and Enhancement Act (“EPEA”);
WHEREAS the Director is of the opinion that a release of sulfolane, a substance, into the environment has occurred, is occurring, or may occur and that the release of substances has caused, is causing, or may cause an adverse effect;
WHEREAS the Director is of the opinion that sulfolane has caused, is causing and may cause further adverse effect to the environment; [But frac’d methane and ethane putting innocement families in explosive risk from contaminated “tap water” in their homes, on their farms and in their communities gets no order?]
WHEREAS Bonavista became the owner of the Gas Plant and therefore the owner of the substance in 2010, and therefore the Director is of the opinion that Bonavista is a “Person Responsible” as defined in section 1 of EPEA; [But non compliant Encana, Bellatrix/Angle, et al go AER order free?]
And WHEREAS the Director is of the opinion that remediation is necessary to restore the area affected by the release; [But not the contaminated “tap water” in Grand Prairie, Spirit River, Ponoka, Rosebud, etc?]
THEREFORE, I, Shaunna Cartwright, Director, Closure and Liability, pursuant to sections 113 of EPEA, DO HEREBY ORDER that Bonavista shall do the following:
1. Complete remediation of all soil affected by sulfolane in the accessible areas described within the 2015 Risk Management Plan submitted by Bonavista Energy Corporation (prepared by Terex Environmental Group on September 30, 2015), by December 31, 2019, to the standards outlined in the 2016 Tier 1 Soil and Groundwater Guidelines (as amended). The accessible areas described within the 2015 Risk Management Plan are:
a. Former Flare Pit Area,
b. Abandoned Landfill 1 Area,
c. Boneyard Area, and
d. Former Salt Pile Storage Area.
2. Implement the soil remediation program in accordance with the 2015 Risk Management Plan as accepted and authorized by the AER on March 30, 2016, and as amended from time to time and as approved by the AER.
Groundwater Remediation Plan
3. Submit a remediation plan for the Sulfolane Plume by April 30, 2017, to the satisfaction of the Director, which ensures the completion of off-site and on-site groundwater remediation by September 1, 2031.
4. Implement the Groundwater Remediation Plan in accordance with the Director’s written authorization. [Why no AER remediation and replacement drinking water orders for frac’d aquifers in Alberta?
Why is Bonavista getting special treatment? Cooperating with the AER to stage just another AER scam to make the bully and rights abuser look like a “regulator?” ]
5. Submit a Remediation Summary Report by April 30th of each year, commencing in the year 2017. The Remediation Summary Report shall include, at a minimum, the following:
a. A summary of the actions taken concerning the remediation of soils and groundwater referred to in sections 1 through 4 of this Order, during the previous year; and,
b. Progress of remediation including data illustrating the effectiveness of the remedial activities implemented.
6. Where a deadline or reporting frequency has been specified in this order, the Director may authorize in writing a different deadline or reporting frequency as applicable.
7. No variation from the remediation timelines or required monitoring may be made unless authorized in writing by the Director.
Dated at the City of Edmonton in the Province of Alberta, the 8th day of November, 2016.
<original signed by>
Acting Director, Closure and Liability
Alberta Energy Regulator
Notwithstanding the above requirements, the Parties shall obtain all necessary approvals in complying with this Order.
Take notice that this Order in no way precludes any enforcement proceedings being taken regarding this matter under the Environmental Protection and Enhancement Act or any other provincial or federal legislation, or by any other regulator having jurisdiction.
Under the Responsible Energy Development Act, an eligible person may file a request for a regulatory appeal on an appealable decision. Eligible persons and appealable decisions are defined in section 36 of the Responsible Energy Development Act and section 3.1 of the Responsible Energy Development Act General Regulation. If you wish to file a request for regulatory appeal, you must submit your request in the form and manner and within the timeframe required by the AER. You can find filing requirements and forms on the AER website, www.aer.ca, under Applications & Notices: Appeals. [Emphasis added]
2015 12 18: Why the Bully Victim Act? What AER fraud this time? What are AER & Bonavista hiding? Perpetual acid gas injection break outs into drinking water zones? Frac hit(s)? Other toxic chemicals contaminating Edson groundwater? Bonavista whines about AER ordering it to do the right thing. PS Who’s going to fix the aquifers?
The Alberta government knew in
Why are Sakens getting safe water?
Is it because Lonnie Sakens works at Bonavisa’s polluting plant?
How many decades, if ever, before the frac’d drinking water is safe at Jacks, Campbells, Zimmermans, Didsbury, Rosebud, Redland, Rockyford, Beiseker, Lochend, Gleichen, Big Valley, Grand Prairie, etc etc etc, where the AER pumps out endless approvals for more and more frac’d energy and toxic waste injection wells in already dangerously contaminated fresh water zones?
2015 12 16: Regulator Order Fraud? Was this AER’s plan all along? Bonavista Energy asking Alberta Court of Appeal to quash AER’s order that the company supply safe water to Sakens and their dairy herd after groundwater contaminated with sulfolane
Or did they settle and gag as per AER’s outside counsel Glenn Solomon legal advice:
What about the other many families impacted? Are they drinking Bonavista’s toxic sulfolane water or did they get “tank systems”and shut up for life? ]