Environmental GRI Performance Indicators
EN28 – Monetary value of significant fines and total number of non-monetary sanctions for noncompliance with environmental laws and regulations.
Enbridge manages compliance with laws and regulations through system controls and regular reviews that include training and awareness, adopting best practices, inspections, and third-party audits. We consider any regulatory notification or penalty to be important and expect our employees and contractors to fully comply with all regulatory, legislative, and permit requirements. In the event that our performance falls short of this expectation, as it did during this reporting period, we carry out rigorous reviews and institute corrective actions, as we did for each non-compliance issue noted below.
In 2007, Enbridge received 14 regulatory notifications from government agencies for environmental or safety issues and we expect to receive additional notices in 2008. The 2007 notifications were:
Eight Notices of Violation (NOV) from U.S. regulators: The most significant of these included the three NOVs that the Wisconsin Department of Natural Resources (DNR) issued for enforcement consideration to the Wisconsin Department of Justice. The NOVs pertained to environmental infractions that Enbridge allegedly committed while constructing our Southern Access pipeline in 2007. The infractions included insufficient erosion control during a time of record rainfall and runoff, self-reported observations, and a number of other corrective actions that DNR’s independent environmental monitors recommended. Enbridge addressed the infractions shortly after they took place, as well as during our project remediation phase, so as to avoid any lasting impact on the environment beyond permit parameters. Although the Wisconsin Department of Justice (as of October 3, 2008) has yet to rule on an enforcement decision or potential settlement, Enbridge expects to be fined.
Enbridge also received an NOV and US$1,050 fine from the U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA) pertaining to an incident in which we were late in reporting a pipeline release that took place in Clearbrook, Minnesota, in November 2007. In addition, Enbridge received an NOV and proposed penalty of $2.4 million from PHMSA for not having adequate written procedures or training associated with the Enbridge and PHMSA investigation into the release we experienced near Clearbrook. That release took place during planned repairs, and ultimately resulted in the deaths of two Enbridge employees.
Two NOVs – and several fines – that Enbridge received for non-compliance to an air permit. The most significant of the fines was for US$3,000 and was issued to our Barton Chapel, Texas, natural gas treatment plant, after a stack test on one of the plant’s compressor engines indicated that the engine did not meet the regulated carbon monoxide limit.
Four NOVs that Enbridge Gas Distribution (EGD) received from the Ontario Ministry of Labour. The NOVs pertained to EGD’s non-compliance with regulations governing the documentation and control of vehicular and pedestrian traffic near EGD work sites.
Regulatory Notifications and Fines
| 2007 | 2006 | 2005 | 2004 | |
| Regulatory Notifications* | 14 | 10 | 10 | 28 |
| Regulatory Fines Incurred (US$) | $4,050 | $3,580 | $101,114 | $207,278 |