TABLE OF CONTENTS

1.0 INTRODUCTION ........................................................................................................... 2

2.0 PROVINCIAL LEGISLATION ........................................................................................... 2

3.0 BASIC PRINCIPLES OF DECOMMISSIONING AND RECLAMATION PLANS ........................ 2

Conceptual Plan ............................................................................................................................ 3 3.1

Operational Plan ........................................................................................................................... 3 3.2

Design for Decommissioning..................................................................................................... 4 3.2.1 Progressive Decommissioning and Reclamation ...................................................................... 5 3.2.2 Monitoring ................................................................................................................................ 5 3.2.3 Estimating Costs ........................................................................................................................ 6 3.2.4

4.0 FINAL FACILITY CLOSURE OBJECTIVES AND CRITERIA ................................................... 6

General Site Objectives ................................................................................................................. 6 4.1

Reclamation Objectives for General Works .................................................................................. 7 4.2

Dams, Dykes, and Other Containment Structures .................................................................... 7 4.2.1 Support Infrastructure .............................................................................................................. 8 4.2.2 Transportation Infrastructure ................................................................................................... 8 4.2.3 Wells and Piezometers .............................................................................................................. 8 4.2.4

Reclamation Objectives for On-site Waste Facilities .................................................................... 9 4.3

General Waste Facilities ............................................................................................................ 9 4.3.1 HSWDG Waste Facilities ............................................................................................................ 9 4.3.2

Re-vegetation .............................................................................................................................. 10 4.4

5.0 PUBLIC ENGAGEMENT AND DECOMMISSIONING AND RECLAMATION PLANS............. 10

6.0 REFERENCES AND ADDITIONAL SUGGESTED READINGS.............................................. 12

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1.0 INTRODUCTION

Planning and management for closure of an industrial wasteworks (IWW) is an integral part of project life cycle management. Decommissioning and reclamation requirements should be contemplated in the early planning stages such that the full life cycle of a project can be considered. Carefully considered decommissioning and reclamation plans (D&R Plans) provides evidence that proponents have considered all stages of project life and respect the decisions that have allowed those projects to proceed. These guidelines provide an overview of the elements the Saskatchewan Ministry of Environment (ministry) expects proponents to consider in development of their D&R Plans. Section 2.0 provides a listing of provincial legislation respecting requirements for developing and implementing D&R Plans in Saskatchewan. Section 3.0 provides basic planning principles to be considered when designing a decommissioning and reclamation plan. Section 4.0 provides the general closure criteria for various facility components. Section 5.0 discusses the role of consultation. 2.0 PROVINCIAL LEGISLATION

Proponents must be aware of and understand the provincial legislation listed below when developing and implementing D&R Plans. Proponents must ensure that their D&R Plans reflect all applicable legislative requirements noting that not all legislation will apply to all facilities.

The Environmental Assessment Act - specifically Section 9.

The Environmental Management and Protection Act, 2010 (EMPA, 2010) o For non-permitted sites, D&R Plans form a portion of corrective action plans as

described in Part III, Division 4 – Corrective Action Plan, Sections 14 through 21 of EMPA 2010. Under Section 17 of EMPA 2010, financial assurances must be provided where corrective action plans propose risk management with future reclamation with the D&R Plans used to determine the amount of the financial assurance.

o For industrial sites requiring a permit under Section 26 of EMPA 2010, D&R Plans will be used to determine the costs for the provision of financial assurances required under Section 26(1)(b) of EMPA 2010.

The Environmental Management and Protection (General) Regulations (EMPA General Regs.) - Part IV, Sections 8 through 10 describe requirements for permit and a financial assurance with Section 9(1).The Hazardous Substances and Waste Dangerous Goods Regulations (HSWDGR) - specifically Section 17.

The Municipal Refuse Management Regulations, specifically Section 7(5) where D&R plans have been incorporated as a permit requirement.

3.0 BASIC PRINCIPLES OF DECOMMISSIONING AND RECLAMATION PLANS

The following basic principles should be considered by proponents and their consultants in the preparation of D&R Plans to meet ministry expectations and legislative requirements.

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Conceptual Plan 3.1

For facilities undertaking environmental assessment or requiring a Technical Proposal as per the Environmental Assessment Act, proponents are required to present conceptual plans for the decommissioning and reclamation of the project site. The conceptual plans should provide sufficient detail to determine if the plans are appropriate for the level of impacts predicted and should identify the following:

predicted impacts of the project on the surrounding ecosystems;

descriptions of how impacts will be mitigated and what residual impacts will be;

a general overview on how sites will be decommissioned (e.g. buildings removed, excavations filled, etc.); and

decommissioning objectives including proposed post-closure land use, which will in part be based on residual impacts of projects.

Generally, it is not expected that proponents provide enough detail for the calculation of cost estimates during the assessment phase. However, proponents should be aware that commitments made in the assessment phase will form the foundation of the detailed D&R Plans required in subsequent phases. Any conditions imposed in the ministerial decision with respect to decommissioning and reclamation will be carried forward into permits and approvals. Changes in plans based on changes to operations will be subject to the same requirements that may trigger reassessment of the project. Information regarding the post-decommissioning use of the property should be included in the conceptual plan. Possible future land uses should inform the level of work. Where proponents are not the landowners, information on any agreements and arrangements made with landowners should be included. Examples would include but not be limited to:

which party is responsible for pre-development impacts;

adjustments in sale prices to allow for reclamation work completed by either party; and

agreements on final land use. Information gathered for property transactions such as phased environmental site assessments and ecological risk assessments can be useful in documenting site conditions for D&R Plans. Where phased environmental site assessments are conducted, they should be completed in accordance with generally accepted guides such as the Site Assessment Chapter of the Saskatchewan Environmental Code (Code), those published by the Canadian Standards Association (CSA), or equivalent as approved by the ministry.

Operational Plan 3.2

Operational D&R Plans are required prior to comencement of operations and should be used to provide the technical details for decommissioning. Based on these technical details, the cost estimates for undertaking D&R Plans are calculated. The level of detail required in operational D&R Plans should be relative to the risks associated with the work required and the potential for impacts. These plans should be reviewed periodically to ensure that they are up to date and

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account for changes in operation or proposed end use. Permit conditions or requirements from assessment decisions may dictate the provision and review periods. Operational D&R Plans should include the following:

proposed end use of the decommissioned site;

considerations for any applicable land use plans where those plans have been developed;

predicted timelines for work to be conducted;

discussion of alternative procedures that may be used for decommissioning site facilities identifying preferences;

management plans for post decommissioning work where required;

environmental mitigation and reclamation measures for disturbed areas that may include re-vegetation;

monitoring programs during the decommissioning and transition (post-decommissioning) phases;

possible contingency measures if initial work does not meet agreed to objectives;

cost estimates to undertake the D&R Plan including costs for agreed to monitoring and maintenance of the site after decommissioning and reclamation has been completed with contingencies where necessary;

reference to any guidance information and assumptions used to calculate the cost estimates (i.e. Saskatchewan Roadbuilders Guide costs for hourly equipment rates and earthworks volumes); and

public involvement programs, where applicable. Operational D&R Plans including cost estimates will be reviewed and accepted by the ministry. The following are some planning principles that should be utilized when developing the operational D&R Plan.

Design for Decommissioning 3.2.1

During the design of the various facilities at a project site, consideration should be given regarding how the facilities will be decommissioned. This will reduce the work required and the costs for decommissioning when it has completed its period of service. Some of the factors to be considered when designing a facility for decommissioning include:

Zoning and potential future land use;

elimination of future hazards to the public (e.g. open holes, unstable slopes, unsafe equipment or buildings, exposure to chemicals etc.);

elimination or minimization of any future impacts from facilities;

the long term stability of facilities;

any concerns in relation to the long term liability for facilities; and

preference for systems that allow for passive management in the post decommissioning phases.

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For sites on where the proponent is not the landowner, D&R Plans should include closure objective statements agreed upon by the proponent and the landowner where the proponent is required to decommission sites to those objectives before relinquishing it. Where permits have been issued, D&R Plans shall conform to site specific permit conditions. Division B (B.1.4) of the Code describes requirements for transfer of ownership of an environmentally impacted facility. Where D&R Plans contemplate the retention of facilities and structures including possible saleable assets, consideration for the maintenance of those facilities and structures should be described in detail. Considerations can and should include the following:

safety of the public;

the cost for maintenance and security;

provision for the payment of taxes;

costs associated with servicing including water and sewer, heating, fire protection, etc.;

continuation of monitoring where required; and

estimates for the time that it may take for property sales transactions.

Progressive Decommissioning and Reclamation 3.2.2

The majority of the decommissioning and reclamation activities usually occur after the completion of the operating phase. However, projects should be developed and operated with a focus on progressive decommissioning and reclamation. Progressive decommissioning allows for adaptive management where various decommissioning strategies may be implemented and evaluated for their effectiveness in achieving the decommissioning and reclamation objectives. For leased land, areas within the surface lease that are no longer required and have not been disturbed can be considered for release from the custody of proponents. Periodic review of D&R Plans ensures the plan and cost estimates remain valid. Reviews should summarize any progressive decommissioning that has been completed and any that may be proposed for the future. Depending on the amount of decommissioning and reclamation work that has been undertaken and the amount of development that has occurred between reviews, the assurance fund could either decrease or increase.

Monitoring 3.2.3

Applicable monitoring guidelines and the Code may be used to provide detail for site monitoring. Monitoring programs should be developed according to risks and provide details regarding the aspects relevant to their operations and for the full life cycle. Well thought out and developed monitoring programs will assist greatly in defining appropriate decommissioning endpoints and providing evidence that the endpoints and other decommissioning objective have been met. Rationale for monitoring should be provided and clearly described.

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Estimating Costs 3.2.4

An objective of D&R Plans is to calculate cost estimates for financial assurances. Information used to calculate cost estimates should be well documented so that it can be checked and confirmed. Any documentation used should be fully referenced for verification. Assumptions used should be described to a sufficient degree that a reviewer can determine their appropriateness. Allowances for project management should be included and should reflect management by a third party, neither the proponent nor the ministry. As a general rule, financial assurances are required as financial liabilities are realized. As such, D&R Plans should include a schedule for provision of financial assurance instruments that aligns with the project life cycle. Any legislated requirements for specific types of operations including permit conditions should be respected. 4.0 FINAL FACILITY CLOSURE OBJECTIVES AND CRITERIA

The general objective for all D&R Plans should be to leave all areas that were disturbed during operations in a condition that is consistent with the surrounding environment, subject to any agreements as documented. Wherever possible, decommissioning and reclamation activities should also endeavour to leave all areas of the site in a state that requires minimal maintenance. Based on the predicted impacts of a project and the results of the operational monitoring, the site specific closure criteria should be developed and shared with applicable stakeholders. This will ensure that there is a broad agreement on both the post closure land use objectives and on the basis for measuring the achievement of those objectives (i.e. the decommissioning criteria). Stakeholders will be specific to projects and could include area residents, municipal organizations, resource users, First Nations and Métis groups, and environmental non-government organizations. The level of stakeholder engagement should be relative to the scope of the work and risk potential to those stakeholders indentified. Decommissioning criteria should be flexible enough to adapt to changing circumstances without compromising agreed-to end objectives. There should be an agreed upon process for the periodic review and modification of completion criteria in light of improved knowledge or changed circumstances.

General Site Objectives 4.1

In general, Crown land areas disturbed by operations should be reclaimed to a condition that will be consistent with what was observed in the area prior to disturbance. For privately owned land not owned by the proponent, the general site objectives may differ depending on agreements between the proponent and the landowner. Where the proponent is the landowner, provisions for future property management in the post-operating phase, zoning, and potential future land uses should be considered. If information is not available in regards to site conditions prior to disturbance, the surrounding undisturbed sites in the vicinity of the site will often be indicators of what site conditions were like prior to disturbance.

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At some sites where predicted in assessment documentation, there may be areas that cannot be fully reclaimed to their original ecological condition. These sites could be potential sources for contaminants that could migrate from impacted areas within the project sites to ecosystems outside of the project area. This potential should be minimized through site specific mitigation measures that ideally should not require any long term maintenance. Exceedance of predicted impacts observed during decommissioning and reclamation activities may prevent the release from decommissioning and reclamation requirements or may result in additional work.

Reclamation Objectives for General Works 4.2

Many operations involve the construction of a variety of general works that result in physical changes to the environment. Infrastructure on the site will be required to be decommissioned and reclaimed to a standard that will ensure the long term stability of the end land use. Where there is potential for infrastructure to contain hazardous materials (PCBs, asbestos, mercury, radioisotopes, etc.) hazardous materials assessments will be required to identify and quantify materials. D&R Plans will need to include information on how these materials will be dispositioned whether through management options or by disposal. The following sections are reviews of the environmental and safety concerns associated with various physical works that may be constructed at various industrial operations. Suggestions of mitigation work follow in order to attain the desired objectives proposed in the D&R Plans.

Dams, Dykes, and Other Containment Structures 4.2.1

The stability of any dams or other containment structures that will remain in place after decommissioning and reclamation activities are completed should be assessed. The stability assessment should consider but not be limited to the following factors:

Safety considerations for people and wildlife

evaluation of the design life of the structures;

the types of materials that were used in construction;

the extent that the stability of structures will be altered by weathering, frost action, or forest fires;

the slopes of the structures; and

the impact of maximum runoff events. The Canadian Dam Association publishes guideline documents for assessing the safety of dams which can be found on their website (http://www.cda.ca). If the analysis indicates that changes are required to the configuration (i.e. slopes) of structures, these should be completed to ensure long-term stability. The final configuration should ensure that structures can be maintained with little or no maintenance and that applicable design criteria can be met.

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Support Infrastructure 4.2.2

Support infrastructure includes residences, offices, water and sewage treatment systems, industrial waste lagoons, ancillary facilities, and other structures that have been constructed to provide support to staff or materials on project sites. Some of these structures will continue to remain in operation during closure until the site is ready for release. Maximizing the salvage and recycling of appropriate materials during the decommissioning of buildings and other infrastructure will serve to reduce the total amount of material that will have to be effectively disposed during decommissioning and reclamation. For those materials that cannot be recycled, a strategy should be developed and implemented during building and infrastructure decommissioning that employs the most appropriate disposal methods and ensures the long-term stability of any onsite disposal. Where buildings or pads are demolished, concrete foundations should be broken apart and the pieces disposed of appropriately. Potential for drainage impacts should be evaluated and accounted for where the breakup of the foundations is not practical. Consideration can also be given to burying foundations with local inert material.

Transportation Infrastructure 4.2.3

Transportation infrastructure (e.g. roads, water crossings) will likely be some of the final site infrastructure to be decommissioned and reclaimed at a project site. Local stakeholders should be consulted prior to any closure if there has been explicit or implied allowance for use by those stakeholders. After removal of bridges and culverts, reclamation of stream channels and adjacent riparian zones should be undertaken with the objective of establishing channel forms that are similar to undisturbed upstream and downstream sections. Where no future use by other stakeholders is likely, road beds and right of ways should be scarified as part of the road decommissioning activity once the proponent is assured that no additional remediation or monitoring is required. Re-vegetation measures may be required particularly for sections of road that are near streams or lakes. The final reclamation objective for the roads and right of ways should be to establish plant communities that are similar to undisturbed areas.

Wells and Piezometers 4.2.4

Wells may be used at industrial sites for a variety of reasons such as sources of water for potable water systems or process water for production facilities. Piezometers are used for groundwater monitoring programs and their network may be extensive. If not properly decomissioned, wells and piezometers could provide a conduit for contaminants to enter the local groundwater, and could also lead to mixing of surface and ground water and of groundwater from different layers. If not needed for long term monitoring at a site decommissioning of these structures should be undertaken to ensure compliance with

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Saskatchewan Water Security Agency requirements and consistency with standard industry practice.

Reclamation Objectives for On-site Waste Facilities 4.3

Some projects will maintain waste facility infrastructure on-site for the duration of the project’s life cycle. This can take the form of either hazardous substances and waste dangerous goods (HSWDG) type (higher risk), or general waste (moderate or low risk). A qualified person will be required to assess waste sites for contamination, leachate, and other potential impacts for environmental and public safety risks.

General Waste Facilities 4.3.1

General wastes pose a moderate to low risk to the environment and public health and safety. The implementation of best management practices in decommissioning and reclaiming general waste facilities is expected. Practices include:

Removal of unnecessary infrastructures, scrap metals, and debris;

Implementation of animal control;

Consolidation and compaction of wastes;

Grading to support proper site drainage;

Installation of final covers as approved by the Ministry;

Re-vegetation;

Installation of drainage and leachate collection systems where required;

Delineation of waste disposal site boundaries and features to be submitted to the Ministry;

Installation of permanent markers and/or fencing to indicate boundaries;

Appropriate access restriction before the completion of decommissioning activities;

Installation of signage indicating the previous existence of waste facility;

Monitoring plans

Provision of summary activity reports to the Ministry including ongoing monitoring and maintenance; and

Submission of the intended future use of the waste facility site.

HSWDG Waste Facilities 4.3.2

HSWDG waste facilities are subject to different requirements than general waste facilities. HSWDGs will need to be classified, sorted, and properly contained prior to disposal. Facilities shall be decommissioned, decontaminated, and reclaimed, and monitoring and management of the contamination and associated risks must be initiated as per timelines specified in approvals.

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Re-vegetation 4.4

Re-vegetation of disturbed areas will be one of the final reclamation steps. One of the most important components of a successful re-vegetation program is to have a suitable substrate for the seed bed. Ideally, it is best to use the original topsoil from the disturbed area. In most situations, the topsoil from all areas being cleared should be retained for subsequent reclamation. Before stockpiling occurs, a pre-disturbance survey to determine the depths of the topsoil should be undertaken and recorded so that soil is stripped in a manner that allows the conservation of topsoil, without mixing it with overburden beneath. Surface soils at reclaimed sites may need some preparation prior to re-vegetation. Native plants are likely to require fewer nutrients in comparison to agricultural plants and application rates may require evaluation. Sites should be re-vegetated with local, natural seed mixes, grasses, shrubs, and trees, unless the site is being reverted back to a cultivated land use. A review of species lists for the various plant communities in the project area will provide an indication of the species to use for area re-vegetation. Species present and their density should be within the range in variation that is observed in local undisturbed plant communities. Some small disturbed areas may be re-vegetated through natural encroachment of local native vegetation. This is provided that the areas are relatively flat and are not near surface waterbodies so erosion is not a concern. This approach is best used during active operations so that if the encroachment of natural vegetation is slow, active re-vegetation may occur to help prevent invasion of weeds to the area. The placement of shrub species and tree saplings should be conducted in a random pattern. The initial planting densities may be somewhat higher than what is observed in natural undisturbed areas. This will allow for some mortality during the planting of the shrubs and trees. Subsequent monitoring of re-vegetation efforts should be included in D&R Plans to ensure that natural succession is successful and to aid in succession, if need be. The Forest Regeneration Assessment Standard in the Code can aid proponents in guiding re-vegetation efforts further in northern forested areas. 5.0 PUBLIC ENGAGEMENT AND DECOMMISSIONING AND RECLAMATION PLANS

Engagement considerations regarding D&R Plans should take into account relative risks to stakeholders and the risk levels should inform the levels of engagement. Where required, public engagement for decommissioning should begin early during the final closure phase. Engagement should not be on a selective basis, but should involve all stakeholders in the project. Other parties, such as conservation organizations and other non-government organizations may have an interest in the project and may be included. To be effective, communication must not only provide information on the predicted impacts of a project and

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the closure proposals and activities, but must also include listening to, and considering, public comments, concerns and feedback. Depending on the type of impacts, there may be restrictions on the type of land use for certain areas of reclaimed sites. Engagement will therefore help to avoid building false expectations about the outcomes of decommissioning and final closure. Stakeholders may include:

Local First Nations and Métis (environmental quality committees, impacted Aboriginal communities): local Aboriginal groups provide a vital link to communities. Early engagement and planning is essential to minimize disruption to communities and address concerns for the physical rehabilitation of the site.

Neighbours and other nearby residents: these groups may be physically affected by the closure and may have particular needs and desires that can be incorporated into rehabilitation planning.

Local governments: local governments provide a vital link with the community. Early consultation and planning is essential to minimize disruption to community services.

Local and regional business and service providers: facility closure may economically affect local and regional business and service providers. Engagement is important to assist them in their own planning for transition.

NGOs and community groups (environmental groups, land use planning groups): these groups will be the most varied and often represent different points of view from those elements in the community that are physically and/or financially affected.

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6.0 REFERENCES AND ADDITIONAL SUGGESTED READINGS

Canadian Council of Ministers of the Environment (CCME). 1996. A framework for ecological risk assessment: General guidance. PN 1195. 50p.

Canadian Council of Ministers of the Environment (CCME). 1997. A framework for ecological risk assessment: Technical appendices. PN 1274. 140p.

Kosowan, A.L. and J.R. Smith. 2004. Native species recommended for site restoration within the Mid-Boreal Upland, Mid-Boreal Lowland and Boreal Transition Ecoregions of Saskatchewan. Saskatchewan Environment.

Ministry of Environment. 2000. The Hazardous Substances and Waste Dangerous Goods Regulations. Government of Saskatchewan.

Ministry of Environment. 2007. Reclamation and Approval Guidelines (Saskatchewan Strip Mined Coal Lands) – EPB 343, http://publications.gov.sk.ca/documents/66/95518-Reclamation%20and%20Approvals%20Guidelines.pdf

Ministry of Environment. 2010. The Reclaimed Industrial Sites Regulations. Government of Saskatchewan.

Ministry of Environment. 2012. Forest Regeneration Assessment Standard: The Environmental Code. Government ofSaskatchewan.

Ministry of Environment. 2013. The Environmental Assessment Act. Government of Saskatchewan.

Ministry of Environment. 2014. The Reclaimed Industrial Sites Act. Government of Saskatchewan.

Ministry of Environment. 2015. Environmental Management and Protection Act (2010). Government of Saskatchewan.

Ministry of Environment. 2015. Saskatchewan Environmental Quality Guidelines. <https://envrbrportal.crm.saskatchewan.ca/seqg-search/>. Government of Saskatchewan.

Ministry of Environment. 2017. The Environmental Management and Protection (General) Regulations. Government of Saskatchewan.

Ministry of Labour Relations and Workplace Safety. 2016. The Saskatchewan Employment Act. Government of Saskatchewan.