for the operation of a used oil filter crushing process and a used oil, used oil filter, waste glycol, and waste petroleum distillates material collection and storage facility, (the facility), as outlined in the Dangerous Goods Handling and Transportation Act Proposal filed on December 3, 1998, and located at Lot 1 and 2, Plan of Subdivision 17803, in the Rural Municipality of Springfield, Manitoba, and subject to the following specifications, limits, terms and conditions:

In this Licence,

"accredited laboratory" means a facility accredited by the Standards Council of Canada (SCC), or a facility accredited by another accrediting agency recognized by Manitoba Conservation to be equivalent to the SCC, or a facility that is able to demonstrate to Manitoba Conservation, 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;

"affected area" means a geographical area, excluding the property of the facility;

"Director" means an employee of the department who has been designated or appointed by the Minister;

"noise nuisance" means an unwanted sound, in an affected area, which is annoying, troublesome, or disagreeable to a person:

1. residing in an affected area;
2. working in an affected area; or
3. present at a location in an affected area which is normally open to the members of the public;

if the unwanted sound

4. is the subject of at least 5 written complaints, received by the Director in a form satisfactory to the Director, and within a 90 day period, from 5 different persons falling within clauses a), b), or c), who do not live in the same household;

"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;

"oil" means any petroleum or synthetic crankcase oil, engine oil, hydraulic fluid, transmission fluid, gear oil, heat transfer fluid, or other fluid capable of use for lubricating purposes in machinery or equipment;

"operator" means a person who is responsible for the day-to-day maintenance and operation of the facility;

"permanently closed" means that the facility has not been operated for a period of 6 months or more;

"registered generator" means a person who is registered as a hazardous waste generator pursuant to Manitoba Regulation 175/87 under The Dangerous Goods Handling and Transportation Act;

"petroleum distillates" means a petroleum derived liquid with a flash point not greater than 61° C, that includes but is not limited to: kerosene, gasoline, or fuel oil;

"used oil" means oil that through use, storage, handling, defect, damage, expiry of shelf life or other similar circumstances can no longer be used for its original purpose;

"used oil products and material" means used oil, used oil filters or used oil containers; and

"used oil products and material collection depot" means that part of the operation of the facility that pertains to the acceptance of used oil, used oil filters or used oil containers from domestic or household generators.

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.

Respecting The Whole Facility

1. The Licencee shall ensure that only used oil products and material, waste glycols, and waste petroleum distillates are received at the facility.
   
   
2. The Licencee shall ensure that whenever used oils, waste glycols, or waste petroleum distillates are being transferred to or from the cargo tank of a vehicle, or to or from the storage tanks, or any other transfer systems, the transfer is supervised at all times and in such a manner that the flow of liquids can be immediately shut off.
   
   
3. The Licencee shall ensure that all areas where vehicles may be parked during the transfer of used oils, waste glycols, or waste petroleum distillates between the cargo tank of the vehicle and an aboveground tank are designed to contain any spillage and to allow delivery hoses and lines to be drained before they are disconnected.
   
   
4. The Licencee shall only use the facility for receiving, storing and shipping of materials as described in the Application dated December 3, 1998. Any other blending, processing or treatment of waste requires prior written approval of the Director.
   
   
5. The Licencee shall ensure that a high standard of equipment maintenance, good housekeeping and operational practices are carried out at all times consistent with meeting the requirements of this Licence.
   
   
6. The Licencee shall ensure that:

1. any draining, flushing or cleaning of containers or vehicles performed at the facility is carried out in a manner which contains any fluids and contaminants at the facility; and
2. that the retained fluids are disposed of in a manner approved by the Director.

7. The Licencee shall ensure that an accessible stock of equipment for containment and clean-up of spills is maintained at the facility at all times.
   
   
8. The Licencee shall at the request of the Director:

1. conduct special studies to determine ambient air quality within the vicinity of the facility and/or emission testing for specified air pollutants in a manner satisfactory to the Director; and
2. submit a report containing the ambient air quality data and/or the emission testing data and all other related data to the Director within 90 days after completion of the studies.

9. The Licencee shall, upon the request of the Director and in addition to any of the specifications, limits, terms or conditions specified in this Licence:

1. sample, monitor, analyze and/or investigate specific areas of concern regarding any segment, component or aspect of contaminant storage, containment handling, disposal or emission systems, for such contaminants or ambient quality, 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 contaminants from the facility; and
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, flow rate measurements and such other information as may from time to time be requested.

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

1. carry out all sampling of, and preservation 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 sampling and analytical methodology approved by the Director;
2. carry out all sampling of, and preservation and analyses on dangerous goods, hazardous wastes, and air samples in accordance with methodologies approved by the Director;
3. ensure that all analytical determinations are undertaken by an accredited laboratory; and
4. report the results to the Director within 60 days of the samples being taken.

11. The Licencee shall for the purpose of compliance monitoring notify the Director orally concerning any actual or anticipated breach or failure to meet any specification, limit, term or condition of this Licence, as soon as practical after discovery.
    
    
12. The Licencee shall provide to the Director, upon request, all information required under this Licence, in writing and in such form (including number of copies), as may be specified by the Director.
    
    
13. The Licencee shall submit to the Director all records, as determined by the Director, that are relevant to the control of contaminants with respect to the operation of the facility or regarding the conduct of any activity at the facility.
    
    
14. The Licencee shall, unless otherwise specified by this Licence, retain all records during the full life of operation of the facility, and after closure, for such period of time as may be specified by the Director. Records may be transferred from their original form to other accepted forms for information storage.
    
    
15. The Licencee shall carry out, as deemed necessary by the Director, any remedial measures or modifications in respect to matters authorized under this Licence.
    
    
16. The Director, or an Environment Officer, may, without incurring liability for so doing, enter the facility for the purpose of:

1. investigating, inspecting and carrying out tests at the facility; and
2. examining, making copies of, or taking extracts from any records of the facility pursuant to an investigation, inspection, or test under this Licence.

17. The Licencee shall notify the Director in writing prior to making any operational or structural changes which could affect compliance with any Clauses of this Licence.
    
    
18. The Licencee shall notify the Director, in writing, of any intended alteration of process at the facility, which is likely to cause a significant environmental effect. Director approval is required prior to implementing the alteration.
    
    
19. The Licencee shall inform the Director, in writing, of any intention or agreement to lease any part or portion of the facility’s property, including any buildings or structures, where such leasing might involve the establishment of any other development with a potential for emissions which may affect the environment.
    
    
20. The Licencee shall ensure that all persons who will be assigned duties at the facility have received training in:

1. Transportation of Dangerous Goods Regulations; and
2. procedures pertaining to the operation of the facility.

21. The Licencee shall ensure that materials classified as hazardous wastes being received from points in Manitoba are only from generators registered pursuant to Manitoba Regulation 175/87. Materials classified as hazardous waste being shipped from the facility must be transported directly to receivers approved in the jurisdiction where they are located.
    
    
22. The Licencee shall ensure that the process building is maintained in a condition capable of containing any spillage which may occur. Concrete floor surfaces must be sealed to facilitate clean-up operations in the event of a spill within the building. Floor drains or catch basins are not permitted in the process building unless they are connected only to an on-site holding tank or sump.
    
    
23. The Licencee shall ensure that at a minimum, three (3) boreholes be drilled at the facility to establish stratigraphy and hydrogeological conditions.

Respecting The Tank Farm

24. The Licencee shall ensure that all storage tanks at the tank farm have been constructed and tested in accordance with the standard U.L.C. S653, latest edition, for overhead horizontal self-contained tanks.
    
    
25. The Licencee shall ensure that all storage tanks at the tank farm are contained within a secondary tank jacket which has the capacity of 110% of the primary tank volume.
    
    
26. The Licencee shall ensure that accumulated liquid in the collection berm is sampled and analysed in a manner and frequency approved by the Director prior to any disposal of the liquid.

Respecting The Used Oil Products And Material Collection Depot

27. The Licencee shall ensure that only used oil products and material are received at the depot.
    
    
28. The Licencee shall ensure that the operator, or other trained personnel, visually inspects each individual container of used oil that is collected at the depot for contamination before the contents are transferred to the collection tank.
    
    
29. The Licencee shall ensure that any used oil that is deemed to be contaminated is not accepted at the depot and is returned to the person who previously possessed the used oil.
    
    
30. The Licencee shall ensure that only the operator or other trained personnel employed by the Licencee transfers used oil into the collection tank.
    
    
31. The Licencee shall ensure that trained personnel are on site at all times when the depot is open to receive used oil products and material.
    
    
32. The Licencee shall ensure that when the operator or other trained personnel is not present at the depot, the depot is locked in a manner that prevents unauthorized delivery of used oil products and materials into the depot.
    
    
33. The Licencee shall ensure that:

1. legible, weatherproof signs are posted at the entrance to the depot identifying the area as an used oil products and material collection depot; and
2. the signs indicate the hours of operation, a contact number and a warning not to leave used oil products and material at the depot when the operator or other trained personnel is not available to accept delivery.

34. The Licencee shall ensure that the operator representatively samples each full tank of collected used oil. The operator shall retain the sample until verification of destruction or recycling of the oil is received.
    
    
35. The Licencee shall, upon the request of the Director, have the sample of used oil referred to in Clause 34 of this Licence analyzed, for parameters specified by the Director, by an accredited laboratory.
    
    
36. The Licencee shall maintain for each tank in the process of being filled, a tank collection log, containing, at minimum:

1. date and time of receipt;
2. name and address (or vehicle licence number) of the person who delivered the oil;
3. quantity of oil received;
4. signature of the person who delivered the oil; and
5. for commercial/industrial generators, the Manitoba Generator Registration Number.

37. The Licencee shall ensure that the depot does not receive oil products and material from commercial / industrial generators that are not registered generators.
    
    
38. The Licencee shall ensure that all records, including but not limited to tank collection logs, manifests, shipping documents, sample analyses, and spill reports, are kept for a minimum period of two years and are available for inspection by an Environment Officer.

Respecting Emergency Planning

39. The Licencee shall submit to the Director for approval, prior to operating the facility, a contingency plan, in accordance with National Standard of Canada CAN/CSA-Z731-95 Emergency Planning for Industry, or other equivalent document that is acceptable to the Director, outlining procedures to be used in the event of a leak, spill, fire, flood, or other hazardous condition at the facility.
    
    
40. The Licencee shall ensure that the Director and the Rural Municipality of Springfield Fire Department and the Oakbank detachment of the Royal Canadian Mounted Police are provided with a 24 hour contact number for Licencee personnel who have access to current on-site waste inventories at the facility.

Respecting Spills

41. The Licencee shall ensure that in the event of an environmental accident as defined in the Manitoba Dangerous Goods Handling and Transportation Act and Regulations thereunder, all necessary actions are taken to contain the spill, manage the impacted environment and to restore the environment to the satisfaction of an Environment Officer or the Director.
    
    
42. The Licencee shall ensure that all spills of used oil, waste glycols, or waste petroleum distillates in excess of 100 litres at the facility are reported immediately to Manitoba Conservation at (204) 944-4888.
    
    
43. The Licencee shall ensure that all spills of used oil, waste glycols, or waste petroleum distillates in excess of 5 litres, but less than 100 litres, at the facility are reported within one working day to the Winnipeg Office of Manitoba Conservation.

Respecting Financial Insurance/Assurance

44. The Licencee shall ensure that the following insurance is maintained throughout the term of this Licence:

1. $2,000,000 General Comprehensive Liability Insurance; and
2. $250,000 Environmental Impairment Liability Insurance.

45. The Licencee shall purchase and maintain Automobile Liability Insurance for all owned and non-owned licenced vehicles used in connection with the operation of the facility and which provides coverage against liability arising from third party bodily injury or property damage for a minimum of $5.0 million per occurrence with terms and conditions satisfactory to the Director. If the automobile liability policy excludes coverage for sudden and accidental pollution, this coverage shall be provided under the Environmental Impairment Liability Policy or the Comprehensive General Liability Policy.
    
    
46. The Licencee shall, within 60 days of the date of this Licence, post a Performance Bond, an irrevocable letter of credit, or other security with the Manitoba Department of the Conservation to the satisfaction of the Director in the amount of $20,000. This security and renewals thereof, shall remain in place at all times during the operation and decommissioning of the facility. The Director may order forfeiture of the security either in whole or in part by giving written notice to that effect to the Licencee liable on the documents, upon the Director being satisfied that the facility is in breach of any of the terms of this Licence.
    
    
47. The Licencee shall maintain Workers' Compensation Insurance coverage for all employees of the Licencee.
    
    
48. The Licencee shall on or before the 15th day of December each year and beginning in 1999, submit to the Director satisfactory written evidence of the insurance coverages described in Clauses 44 to 47 inclusive of this Licence.

Respecting Air Emissions

49. The Licencee shall not cause or permit a noise nuisance to be created as a result of the operation or alteration of the facility, and shall take such steps as the Director may require to eliminate or mitigate a noise nuisance.
    
    
50. The Licencee shall not cause or permit an odour nuisance to be created as a result of the operation or alteration of the facility, and shall take such steps as the Director may require to eliminate or mitigate an odour nuisance.

Respecting Wastewater Emissions

51. The Licencee shall direct all wastewater generated as a result of any activity at the facility, to a sump or sumps properly designed to contain such liquids.
    
    
52. The Licencee shall ensure that all liquids collected in sumps are managed in a manner approved by the Director.

Respecting Used Oil Filters

53. The Licencee shall ensure that used oil filters received at the depot are recycled.
    
    
54. The Licencee shall ensure that the treatment of the used oil filters prior to shipment to a recycler consists of at a minimum:

1. puncturing the top of the filter;
2. placing the filter in a tray and allowing it to drain for 24 hours; and
3. crushing the filter to a minimum of 75% volume compaction,

or another procedure that is satisfactory to the Director.

55. The Licencee shall prepare and deliver to the Director on or before the 15th of each month, a report summarizing information respecting used oil filters received at the depot during the previous month.
    
    
56. The Licencee shall ensure that the report required pursuant to Clause 55 of this Licence contains, but is not limited to, the following information:

1. the date of each bulk shipment of used oil filters received at the depot;
2. the name and address of each generator of each bulk shipment; and
3. the number of used oil filters treated at the facility.

Respecting Used Oil Containers

57. The Licencee shall ensure that used oil containers received at the facility are recycled.
    
    
58. The Licencee shall ensure that the treatment of the used oil containers prior to shipment to a recycler consists of, at a minimum:

1. visually inspecting the container to ensure that it contained used oil;
2. placing the container in a tray and allowing it to drain for 24 hours; and
3. storing drained containers in a suitable metal receptacle prior to shipment from the depot.

Respecting Used Glycol

59. The Licencee shall ensure that used glycols are only bulked at the facility.
    
    
60. The Licencee shall ensure that used glycols are not treated at the facility.
    
    
61. The Licencee shall ensure that used glycols are not blended with any other material at the facility.

Respecting Waste Petroleum Distillates

62. The Licencee shall ensure that waste petroleum distillates are only bulked at the facility.
    
    
63. The Licencee shall ensure that waste petroleum distillates are not treated at the facility.
    
    
64. The Licencee shall ensure that waste petroleum distillates are not blended with any other material at the facility.

Respecting Annual Reporting

65. The Licencee shall, on or before the 15th day of April of each year and beginning in 2000, submit to the Director an annual report with respect to all activities at the facility conducted pursuant to this Licence during the previous calendar year. The format and content of the report shall be approved by the Director.

Respecting Decommissioning

66. The Licencee shall submit, within one (1) year of the date of issuance of this Licence, for the approval of the Director, a Preliminary Decommissioning Plan for the facility.
    
    
67. The Licencee shall submit to the Director, for approval, one year in advance of the projected date for commencing the decommissioning of the facility or when it becomes evident that the closure of the facility is imminent, a detailed Closure Plan outlining the measures proposed to address environmental and health issues which might arise in the course of, and subsequent to, the decommissioning of the facility, and implement the approved Closure Plan in accordance with a time frame satisfactory to the Director.

1. Licence No. 85 HW is hereby rescinded.
   
   
2. If, in the opinion of the Director, the Licencee has exceeded or is exceeding or has or is failing to meet the specifications, limits, terms, or conditions set out in this Licence, or in the opinion of the Director a hazardous situation exists, the Director may, suspend withdraw or cancel 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 The Dangerous Goods Handling and Transportation Act.
   
   
4. This Licence shall be reviewed by the Director five years from the issue date of the Licence.

"original signed by"
Larry Strachan, P. Eng.
Director
Dangerous Goods Handling and Transportation Act