Chief says it should not go back into service without First Nation approval

Heather Wright/The Independent

Aamjiwnaang Chief Janelle Nahmabin says the pipeline which leaked petroleum near Suncor and into the St. Clair River should not go back into service without First Nation approval.

That as the First Nation still looks for concrete answers on what happened and how big the pipeline leak actually is.

March 11, after 7 pm, Suncor reported a sheen on the St. Clair River. They said it was a hydrocarbon spill. March 13, the company said the release may have been from a “third-party pipeline.” A Community Notification issued by BASES for Suncor said the release was quickly contained and the pipeline remained shut down. Eastern Canada Response Corporation is on site for cleanup, which Suncor is likely to continue until the weekend.

Suncor officials added all the regulatory agencies had been notified.

Six days later, Nahmabin and council posted a letter on social media looking for answers. Friday, Nahmabin told The Independent, they’re still waiting for answers.

Nahmabin says neither the pipeline company, the Ministry of the Environment Conservation and Parks nor the Technical Standards and Safety Authority have been able to say how much petroleum has been spilled.

The leak has already impacted nearby homes; Nahmabin says one resident noticed petroleum mixed with water coming from a sump pump.

“We’ve requested soil sampling to have a better understanding, because we don’t know how long this leak has been going on,” says Nahmabin. “And we’ve requested the volume of the spill to be released to us, and no one has said anything about how large of a spill this actually is – (we) still haven’t heard anything after a week.”

Aamjiwnaang leaders also want a hydrologist “to see where this leak could have moved along the backyards of neighbors.”

Suncor has offered to move residents close to the spill site during the clean-up, however Nahmabin says they are reluctant to leave their homes.

Aamjiwnaang’s legal team is working to get more information about the spill. The Chief wants a meeting with all the companies and officials from the MECP and TSSA to get the facts. “I’m doing my best to try to be there for the community and offer comfort and solutions, but we need partners and people that want to help be transparent with this information to offer some assurance to our members.”

Officials with the TSSA confirmed the pipeline is owned by Sun-Canadian Pipelines. An inspector is on the scene of the leak on River Road; however the authority’s investigation looks at the operation of the pipeline, not the leak itself. That’s the Ministry of the Environment’s job.

The Independent asked MECP officials what substance was spilled and how much ended up on the land and in the St. Clair River. The ministry didn’t directly answer those questions.

“The ministry continues to monitor the cleanup and remains in contact with local communities including the Aamjiwnaang First Nation and Walpole Island First Nation, to let them know that all necessary steps are taken to clean up the spill and ensure there are no impacts to the St. Clair River,” wrote MECP Spokesman Gary Wheeler in an email to The Independent.

“The section of pipeline suspected to be the source of the spill has been isolated as excavation activities proceed, and there are currently no indications of an ongoing spill.

“Suncor and Sun-Canadian Pipeline are also working together to develop a detailed excavation and execution plan. The ministry continues to assess information provided by the companies to determine if compliance actions are required,” Wheeler added.

Meantime, Chief Nahmabin is also is voicing concern about the pipeline itself saying there is not a permit for it.

“How can they do repairs and get it up and running again without having an active permit, without having anyone overseeing any of their past maintenance reports? Aamjiwnaang should have that if they’re transferring fuel right in front of our homes along River Road, close to the water – that should be regulated,” says Nahmabin.

“There’s lack of environmental oversight, or any kind of, you know, governing oversight into pipelines that currently exist, and there was a spill back in 2013 with the same line.”

At that time, a TSSA report found about 60 cubic metres of “ultra-low sulfur diesel” was released and made its way into the sewer system. Some also was released into the St. Clair River, affecting Walpole Island’s drinking water system.

The TSSA found “the rupture was caused by excessive external localized corrosion, which was
not identified through the company’s ongoing pipeline integrity program.”

Pipelines in Ontario are regulated by Canada Energy Regulator and the Ontario Energy Board. The TSSA licenses and regulates the safety, design, operation, and maintenance of pipelines. Nahmabin says Aamjiwaang is also looking at a permitting process for pipelines in their community. The community was slated to have a meeting about the proposed process March 18. Instead, they met to talk about the Sun-Canadian pipeline spill at Suncor instead.

Nahmabin says council needs more information and to be actively involved before a decision is made to allow petroleum products to begin flowing again in the pipeline.

“I hope that they identify where the leak is and share the information of their past maintenance, because we still haven’t received that so that does cause some suspicion and lack of trust,” she says.

“Aamjiwnaang leadership does not feel safe having that line turned back on without having those documents…and ultimately the approval from Aamjiwnaang council is the path forward.”