Licence No.: 2150 S1
Licence Issued: January 18, 1996

In accordance with the Manitoba Environment Act (C.C.S.M. c. E125)

THIS LICENCE IS ISSUED TO:

for the construction and operation of the Development being a reinforced plastic manufacturing facility and related activities, located in Lot 13 Plan 7092 WLTO on OTM Lots 33 to 39 Parish of St. James and Parcel "C" Plan 9724 WLTO in OTM Lots 33, 34, and 35 Parish of St. James commonly known as 1205 Sherwin Road and subject to the following specifications, limits, terms and conditions:

In this Licence,

"affected area" means a geographical area affected by an odour nuisance;

"A-weighted sound level" means the sound level measured in dBA units with a sound level meter set on the A-weighting network, being a filter designed to approximate the relative sensitivity of the normal human ear to different frequencies of sound;

"appreciable impulsive or impact character" means sound which has a significant amount of impulsive or impact nature, such as hammering, explosions and clanking or banging. Impulsive or impact sounds are sounds of short duration, usually less than one second, characterized by an abrupt onset followed by a rapid decay;

"dB" (decibel) means a dimensionless measure of sound level or sound pressure level, where,

sound level = 20 log₁₀ of {sound pressure (actual)}/{sound pressure (reference)};

"Leq (energy equivalent level)" means the A-weighted sound level (as decibels {dBA}) of a constant or steady sound, for a stated period, which has an amount of acoustic energy equivalent to that contained in the sound being measured;

"Leq(1)" means the Leq for a one hour period;

"odour nuisance" means a continuous or repeated odour, smell or aroma, in an affected area, which is offensive, obnoxious, troublesome, annoying, unpleasant, or disagreeable to a person:

1. residing in an affected area;
   
2. working in the affected area; or
   
3. present at a location in the affected area which is normally open to the members of the public;
   
   if the odour, smell or aroma
   
   
4. is the subject of at least 5 written complaints in a form satisfactory to the Director and from 5 different persons falling within clauses (a), (b) or (c), who do not live in the same household, received by the Director within a 90 day period; or
   
5. is the subject of at least one written complaint in a form satisfactory to the Director from a person falling within clauses (a), (b) or (c) and the Director is of the opinion that if the odour, smell or aroma had occurred in a more densely populated area there would have been at least 5 written complaints from 5 different persons and who do not live in the same household within a 90 day period.

"particulate matter" means any finely divided liquid or solid matter other than water droplets;

"particulate residue" means that part or portion of an atmospheric emission which is deposited onto a surface;

"point source" means any point of emission from a Development where pollutants are ducted into the atmosphere;

"predominant discrete tone" means sound (for example a whine or hum) having a one-third octave band sound level which, when measured in a one-third octave band, exceeds the arithmetic average of the sound levels of the two adjacent one-third octave bands on either side of such one-third octave band by:

1. 5 dB for such one-third octave band with a center frequency from 500 Hertz to 20,000 Hertz, inclusive, provided such one-third octave band sound level exceeds the sound level of each adjacent one-third octave band;
   
2. 8 dB for such one-third octave band with a center frequency from 160 Hertz to 400 Hertz, inclusive, provided such one-third octave band sound level exceeds the sound level of each adjacent one-third octave band; or
   
3. 15 dB for such one-third octave band with a center frequency from 25 Hertz to 125 Hertz, inclusive, provided such one-third octave band sound level exceeds the sound level of each adjacent one-third octave band;

GENERAL SPECIFICATIONS
1. The Licencee shall ensure that a high standard of equipment maintenance and good housekeeping and operational practices are carried out with respect to the Development, at all times.

2. The Licencee shall reduce and prevent the production and dissemination of wastes by initiating and maintaining waste reduction and waste recycling programs.

3. The Licencee shall, as deemed necessary by the Director, carry out any remedial measures or modifications in respect to matters authorized under this Stage 1 Licence.
   LIMITS, TERMS AND CONDITIONS

4. The Licencee shall not emit particulate matter from the Development such that:
   

   i. particulate matter:

   1. exceeds 0.23 grams per dry standard cubic metre calculated at 25 degrees Celsius and 760 millimetres of mercury, corrected to 12 percent carbon dioxide for processes involving combustion from any point source of the Development;
      
   2. exhibits a visible plume with an opacity of greater than 5 percent at any point beyond the property line of the Development; or
      
   3. results in the deposition of visible particulate residue at any time beyond the property line of the Development; or
      

   ii. opacity:

   1. the average of any 24 consecutive opacity observations taken at 15 second intervals exceeds 20 percent;
      
   2. more than 16 individual opacity observations within any 1 hour period exceed 20 percent;
      
   3. any individual opacity observation exceeds 40 percent.

5. The Licencee shall not alter or operate the Development, or permit the Development to be altered or operated, in such a manner that causes or results in an odour nuisance, and shall take such steps as the Director may require to eliminate or mitigate an odour nuisance.

6. The Licencee shall not emit sound from any part or process of the Development, such that any emission when measured at a point of reception within an area which is zoned or used as residential, exceeds the following {Leq(1)} limits:
   

   i. subject to sub-Clause 4 (ii):

   1. 60 dBA during the daytime hours of 7:00 a.m. to 10:00 p.m., local time; or
      
   2. 50 dBA during the nighttime hours of 10:00 p.m. to 7:00 a.m., local time.

   ii. when the sound has an appreciable impulsive or impact character or a predominant discrete tone:

   1. 55 dBA during the daytime hours of 7:00 a.m. to 10:00 p.m., local time; or
      
   2. 45 dBA during the nighttime hours of 10:00 p.m. to 7:00 a.m., local time.

7. The Licencee shall not emit sound from any part or process of the Development, such that any emission when measured at a point of reception within an area which is zoned or used as commercial, exceeds the following {Leq(1)} limits:
   
   1. 70 dBA during the daytime hours of 7:00 a.m. to 10:00 p.m., local time; or
      
   2. 60 dBA during the nighttime hours of 10:00 p.m. to 7:00 a.m., local time.

8. The Licencee shall not emit sound from any part or process of the Development, such that any emission when measured at a point of reception within an area which is zoned or used as industrial, exceeds 70 dBA at any time.

9. The Licencee shall ensure that all gaseous emission stacks are constructed to a height of not less than 6.1 metres above the roof level.

10. The Licencee shall provide, at the request of the Director, a sampling station(s) at designated point source stacks. The station(s) shall be equipped with access, personnel safety features, power supply and other features as may be specified by the Director.

11. The Licencee shall, within 60 days of start-up, conduct a sampling program and analyze air emissions at the Development for the following:
    
    1. styrene;
       
    2. formaldehyde; and
       
    3. other process pollutants identified by the Director.
    Samples are to be collected using methods approved by the Director, and analysis is to be performed in a manner approved by the Director. The Licencee shall, provide the Director with notice and proposed sample collection and analysis methods, at least 30 days prior to the date that the stack emission monitoring.

12. The Licencee shall submit a copy of the sampling report complete with analytical results as specified pursuant to Clause 9, to the Director within 60 days of the completion of the sampling program.

13. The Licencee shall notify the Director of an intended alteration of process, which may affect in any manner a waste discharge or emission, prior to implementing such alteration.

14. The Licencee shall submit, within ninety (90) days of the issuance of this Licence, an emergency response plan to be approved by the Director. This plan must include, but is not limited to, items which will address: measures implemented for spill prevention and containment; security; personnel training and response arrangements.

If in the opinion of the Director, the Licencee is in contravention of or has contravened any of the specifications, limits, terms, or conditions set out herein, the Director may revoke, temporarily or permanently, this Licence.

"original signed by"
Larry Strachan, P. Eng.
Director
Environment Act

Client File No.: 4103.00