Farmers Advocate Flashcards
- Remediation vs. Reclamation
Remediation refers to the removal or treatment of contaminated soil and groundwater
reclamation refers to returning a site “equivalent land capability,
- Landowner Engagement
engaged throughout the reclamation process & Operators are expected to make every effort to address landowner concerns.
Phase 1 Environmental Site Assessment (ESA), which looks at the history of the site and assesses the possibility of contamination.
- the operator must get a hold of the landowner (and occupant, where applicable).
- required to provide all landowners and occupants a complete copy of the reclamation certificate application package 30 days prior to submission to the Alberta Energy Regulator (AER).
- Reclamation Requirements
- reclaimed according to the reclamation requirements dependent on construction date, abandonment date and reclamation or re-vegetation date
- Any side abandoned prior to 1963 is exempt from the reclamation requirements
- Requirements Based on End Land Use
- cultivated lands, native grasslands, forested lands and peatlands.
- A change in end use from what existed prior to development will require written consent of the landowner.
- Associated Facilities and Infrastructure
The application for a Reclamation Certificate for a well site must include
-
all associated facilities and infrastructure,
- such as access roads, remote sumps, camp sites, storage areas, pipelines,
- A company must obtain the consent of all of the landowners listed on title as well as the occupant when leaving behind any facilities or feature
- must be legitimate, logical, no threat to environment
- No Surrender Until Reclamation Certificate is Issued
An operator cannot surrender the surface lease until it is reclaimed and certified.
The landowner should be paid the annual rental in full until the Reclamation Certificate is issued.
- Landowner to Receive Copy of Application
The landowner will receive a copy of the application for a Reclamation Certificate and have 30 days to review it prior to the operator sending it to the AER.
If the landowner’s concerns are not addressed by the operator during the 30 days, the landowner may submit a Statement of Concern to the AER.
The application will then be considered “non-routine
- Trigger for Reclamation
- There is no regulatory or legislative trigger for reclamation in Alberta.
- An operator may choose to leave a site abandoned indefinitely, but
- it will negatively affect their Liability Management Ratio (LMR) , which may
- result in the need to post a security deposit.
- Note that an Environmental Protection Order can be issued for reclamation or remediation if an adverse impact to the environment, water, or groundwater was present.
- Operator Remains Responsible
- The operator remains responsible for surface issues unforeseen at time of certification for 25 years after the Reclamation Certificate is issued.
- They also remain responsible for contamination for life