to construct a hog processing facility on parts of Section 16, Township 10, Range 18 WPM, within the City of Brandon, in accordance with the Proposal dated April 2, 1998, and submitted under The Environment Act on April 16, 1998, and the alteration request dated September 1, 1998, subject to the following specifications, limits, terms and conditions:

In this Licence,

"accredited laboratory" means an analytical facility accredited by the Standard Council of Canada (SCC), or accredited by another accrediting agency recognized by Manitoba Environment to be equivalent to the SCC, or able to demonstrate, upon request, that it has the quality assurance/quality control (QA/QC) procedures in place equivalent to accreditation based on the Canadian Standard Can/CSA-Z753, extension of the international standard ISO 9000, Guide 25;

"approved" means approved by the Director in writing;

"ASTM" means the American Society for Testing and Materials;

"Director" means an employee of the department appointed as such by the Minister;

"hog processing" means the slaughtering, the bleeding, the scalding, the de-hairing, the pasteurization, the splitting, the eviscerating, the cutting and the packaging of hogs, or any one of these activities;

"hog processing facility" includes: the hog processing plant; hog holding pens; a utility building to house the process water pretreatment facility; a guard house; an office building; paved and gravel parking areas; and two access roads;

"hog processing plant" means the main processing plant structure;

"hydraulic conductivity" means the quantity of water that will flow through a unit cross-sectional area of a porous material per unit of time under a hydraulic gradient of 1.0;

"pollutant" means a pollutant as defined in The Environment Act;

"PVC" means polyvinyl chloride; and

"working day" means a calendar day excluding Saturday, Sunday or a statutory holiday.

This Section of the Licence contains requirements intended to provide guidance to the Licencee in implementing practices to ensure that the environment is maintained in such a manner as to sustain a high quality of life, including social and economic development, recreation and leisure for present and future Manitobans.

1. In addition to any of the limits, terms and conditions specified in this Licence, the Licencee shall, upon the request of the Director:

1. sample, monitor, analyze and/or investigate specific areas of concern regarding any segment, component or aspect of pollutant storage, containment, treatment, handling, disposal or emission systems, for such pollutants or ambient quality, aquatic toxicity, leachate characteristics and discharge or emission rates, for such duration and at such frequencies as may be specified;
2. determine the environmental impact associated with the release of any pollutant(s) from the Development; or
3. provide the Director, within such time as may be specified, with such reports, drawings, specifications, analytical data, descriptions of sampling and analytical procedures being used, bioassay data, flow rate measurements and such other information as may from time to time be requested.

2. The Licencee shall, unless otherwise specified in this Licence:

1. carry out all preservations and analyses on liquid samples in accordance with the methods prescribed in the most current edition of "Standard Methods for the Examination of Water and Wastewater" published jointly by the American Public Health Association, the American Waterworks Association and the Water Pollution Control Federation, or in accordance with an equivalent analytical methodology approved by the Director; and
2. ensure that all analytical determinations are undertaken by an accredited laboratory.

3. The Licencee shall report all the information requested through the provisions of this Licence in a manner and form acceptable to the Director.

Respecting Sanitary Wastes

4. The Licencee shall:

1. comply with Manitoba Regulation 95/88R, or any future amendment thereto, in regards to any sewage generated at the Development; and
2. ensure that any septage transported off-site from the Development is disposed of only into a facility which has a Licence or Permit authorizing the acceptance of septage.

5. The Licencee shall construct silt fences in the drainage routes transporting surface runoff off the property of the Development, and keep the silt fences maintained in a functioning manner until vegetation has been re-established on the disturbed areas.
   
   
6. The Licencee shall not permit any pollutants to be directed into or transported by any surface drainage route leading to the retention pond or off the property of the Development.

Respecting Groundwater Protection

7. The Licencee shall install and maintain a continuous PVC liner under the concrete floor of the hog holding pens, and ensure that the PVC liner:

1. is installed in accordance with ASAE Standard EP340.2 for the installation of Flexible Membrane Linings;
2. is underlain with a 339 grams/m² (10 oz/yd²) non-woven polypropylene geotextile cushion underlay, fabric style LP 1001;
3. has a minimum thickness of 1.0 mm (40 mil);
4. is free of holes and has a hydraulic conductivity not exceeding 6.1 x 10^-9 centimetres per second over the entire surface area of the liner;
5. is hot wedge welded along all seams with a wedge weld not less than 2.54 centimetres (1 inch) in width or is chemical adhesion tetrahydrafuran welded not less than 2.54 centimetres (1 inch) in width, where physical constraints prevent hot wedge welding; and
6. is tested for the integrity of all field seams by the air lance or ultrasonic pulse echo test methods, in accordance with ASTM Standard D 4437 - 84, and that a testing report is prepared and submitted to the Director 2 working days before the PVC liner is overlain with concrete or any subgrade material.

8. The Licencee shall submit for the approval of the Director, by September 24, 1998, a detailed groundwater monitoring strategy for the property of the Development, prepared by a qualified professional, for the purpose of determining, on an ongoing basis, whether the construction activities and future operations activities have or are impacting the quality of the groundwater beneath the property of the Development as it existed prior to the commencement of construction on the property of the Development. The monitoring strategy shall describe:

1. the rationale and strategic purpose for the proposed number, locations and depth of any new and existing groundwater monitoring wells proposed to be used relative to the site-specific upper aquifer groundwater conditions for the property of the Development;
2. the elevations of the well head and of the upper aquifer water table at each proposed monitoring well;
3. the location of the four other abandoned monitoring wells reportedly located on the property of the Development along with the status of their sealed condition;
4. a site plan showing the locations of all the proposed monitoring wells relative to the hog processing plant and the wastewater treatment facility, and showing the true direction of groundwater flow of the upper aquifer based on the determined elevations of the water table at each of the proposed monitoring wells and any other temporary observation wells as may be installed on-site for this purpose;
5. information on the adequacy of the yield from each of the proposed monitoring wells;
6. the water quality parameters proposed to be monitored; and
7. the frequency and elevation(s) at which the wells are proposed to be monitored.

Respecting Terrestrial Management

9. The Licencee shall ensure that as much as possible of undisturbed areas supporting natural vegetation are left intact as a prairie preserve.
   
   
10. The Licencee shall ensure that any small white lady’s slippers (Cypripedium candidum) found on the construction site, or in the ditches on the property of the Development, are protected, or moved to a suitable location, in consultation with regional staff of the Department of Natural Resources.

Respecting Solid Wastes

11. The Licencee shall not undertake any on-site burning of solid waste.
    
    
12. The Licencee shall maximize, wherever possible, the collection and recycling of recyclable wastes generated throughout the construction activities.
    
    
13. The Licencee shall not deposit solid waste into the environment except into a waste disposal ground operating under the authority of a permit issued pursuant to Manitoba Regulation 150/91, or any future amendment thereof, where the operator of that facility has agreed to accept the solid waste.

Respecting Dangerous Goods or Hazardous Wastes

14. The Licencee shall comply with all the applicable requirements of:

1. Manitoba Regulation 97/88R, or any future amendment thereof, respecting the storage and handling of gasoline and associated products;
2. the Manitoba Dangerous Goods Handling and Transportation Act, and regulations issued thereunder, respecting the handling, transport, storage and disposal of any dangerous goods brought onto or generated at the Development; and
3. Manitoba Regulation 439/87, or any future amendment thereof, respecting the reporting of environmental accidents.

15. The Licencee shall:

1. not store any construction equipment fuel on the property of the Development, other than as authorized within the central refueling area;
2. keep refueling activities confined to a central refueling area in the vicinity of bore hole No. 8 identified on Figure R2148-01 which was included with the Preliminary Steps Proposal dated February 25, 1998;
3. construct and maintain clay or lined berms on three sides of the central refueling area keyed into a clay base;
4. use only the central refueling area for the storage of contained lubricants and other petroleum products;
5. ensure that used oil or hydraulic fluids removed from on-site machinery are collected, transported and stored in secure, properly labeled, non-leaking containers and regularly sent to a recycling facility or a facility approved to accept hazardous wastes; and
6. ensure that refueling trucks leave the property of the Development when construction equipment is not working, unless otherwise authorized under Manitoba Regulation 97/88R, or any future amendment thereof, respecting the storage and handling of gasoline and associated products.

16. The Licencee shall ensure that spill recovery equipment is available on-site at all times.

Respecting Monitoring, Record Keeping and Reporting

17. The Licencee shall:

1. ensure to have the construction activities inspected on a regular basis by a qualified person for the purpose of inspecting and reporting upon the degree of success to which the mitigative measures proposed for the Stage 1 Construction are being carried out, with a report submitted to the Director once every month until the construction phase is completed; and
2. inform the Director as soon as possible of any fuel spilled on the property of the Development.

18. The Licencee shall, by September 24, 1998, submit to the Director the results of all the analytical data obtained on the pre-development water quality of the groundwater beneath the property of the Development, along with the elevations at which the samples were taken.

Respecting Operations at the Hog Processing Plant

19. The Licencee shall not receive any hogs, nor commence any hog processing activities, at the hog processing plant until the Licencee has received an Environment Act Licence authorizing the operation of the hog processing plant.

1. This Licence replaces Environment Act Licence No. 2311 S1 R, which is hereby rescinded, without limiting the completion of any unfinished preliminary steps that were authorized under Licence No. 2311 PSR.
   
   
2. If, in the opinion of the Director, the Licencee has failed or is failing to comply with any of the specifications, limits, terms or conditions set out herein, the Director may, temporarily or permanently, revoke this Licence.
   
   
3. If, in the opinion of the Director, new evidence warrants a change in the specifications, limits, terms or conditions of this Licence, the Director may require the filing of a new proposal pursuant to Section 10 of The Environment Act.

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