Moving heaven and Earth doesn’t seem to be enough to get the troubled Trans Mountain pipeline completed, after the Canadian Energy Regulator (CER) slapped the company with environmental violations stemming from an atmospheric river in BC last month.The CER on Thursday issued an inspection order faulting the company for “multiple environmental deficiencies” in response to flooding events after 75 mm of rainfall and heavy snow fell on the Lower Mainland near Abbotsford on the night of January 30.Specifically, the company failed to turn on pumps and take action to mitigate sediment erosion resulting in a landslide of saturated soil onto a roadway. In the order, it blamed a lack of workers and attention to due care..Usually the company deploys three crews maintaining erosion and sediment control during the day and one during the night. On Sundays the day shift goes down to a pair of smaller crews and the CER alleges Trans Mountain failed to have adequate manpower to take emergency measures.“Pumps managing surface water were not turned on as per contingency measures during heavy rains resulting in sedimentation impacts to watercourse,” it said..Under a ‘general duty of reasonable care’ under section 94 of the CER Act, “the holder of a certificate or permit must take all reasonable care to ensure the safety and security of persons, the safety and security of regulated facilities and abandoned facilities and the protection of property and the environment,” it said.“Trans Mountain must implement or cause to be implemented, at a minimum, all of the policies, practices, programs, mitigation measures, recommendations and procedures for the protection of the environment included or referred to in its project application or to which it otherwise committed on the record.”.The CER is forcing the company to conduct mandatory inspections and implement water management plans — including training of appropriate personnel — specific to the region and report back to the regulator.Failure to comply is a federal offence.There is no indication if the order will delay ongoing construction of the line, which is 98% complete or result in higher costs to the taxpayer owned project, which is already more than $20 billion over budget.Earlier in January, the CER gave conditional approval to Trans Mountain to deviate a portion of the line along the Fraser River in hard rock formations.
