DECISION

LICENCE NUMBER: NWB4KUG0000

This is the decision of the Nunavut Water Board (NWB) with respect to an application for a Licence dated May 8, 2000, made by:

GYR CONSTRUCTION LIMITED

to allow for the use of water and disposal of waste for  hydrostatic testing and cleaning of new and used fuel storage tanks in Kugluktuk, Nunavut.

With respect to this application, the NWB gave notice to the public that Gyr Construction Limited had filed an application for a water licence. 

DECISION

After having been satisfied that the application was screened by the Nunavut Impact Review Board in accordance with s.12.3.2 of the NLCA and indicated to the Minister in accordance with s.12.4.4. (a) that the proposal could be processed without a review under Part 5 or 6, the NWB decided that the application could go through the regulatory process.  After reviewing the submission of the Applicant and the written and oral comments expressed by interested parties, the NWB, having given due regard to the facts and circumstances, the merits of the submissions made to it and to the purpose, scope and intent of the Nunavut Land Claims Agreement, determined that:

Licence Number NWB4KUG0000 be issued subject to the terms and conditions contained therein. (Motion #:2000-03)

SIGNED this  8th day of May 2000 at Gjoa Haven, Nunavut.

Original signed by:

Philippe di Pizzo
Executive Director

	LICENCE  NWB4KUG0000

Pursuant to the Agreement Between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada, the Nunavut Water Board, hereinafter referred to as the Board, hereby grants to 
GYR CONSTRUCTION LIMITED 

(Licensee)

of				P.O. Box 17, Taloyoak, Nunavut.  X0E 1B0

(Mailing Address)

hereinafter called the Licensee, the right to alter, divert or otherwise use water or dispose of waste into water for a period subject to restrictions and conditions contained within this licence:

NWB4KUG0000
Licence Number 

05
Water Management Area 	

Kuglugtuk, Nunavut
Location 

Water Use And Waste Disposal 
Purpose 

Hydrostatic Testing And Cleaning Of New And Used Fuel Storage Tanks
Description 

4000 Cubic Metres
Quantity of Water Not to be Exceeded 

May 8, 2000
Date of Licence 

August 31, 2000
Expiry Date of Licence 

Dated this     8th     of May 2000 at Gjoa Haven, Nunavut.

Original signed by:

Philippe di Pizzo
Executive Director

PART A:  SCOPE, ENFORCEMENT AND DEFINITIONS

1.	Scope

a. 	This Licence allows for the use of water and the disposal of waste into water for hydrostatic testing and cleaning of new and used fuel storage tanks by Gyr Construction Ltd. at Kugluktuk, Nunavut. (67°50'N 115°06'W);

b.	This Licence is issued subject to the conditions contained herein with respect to the taking of water and the depositing of waste of any type in any waters or in any place under any conditions where such waste or any other waste that results from the deposits of such waste may enter any waters.  Whenever new Regulations are amended by the Governor in Council under a future Nunavut Waters Act, or other statues imposing more stringent conditions relating to the quantity or type of waste that may be so deposited or under which any such waste may be so deposited this Licence shall be deemed, upon promulgation of such Regulations, to be automatically amended to conform with such Regulations; and

c.	Compliance with the terms and conditions of this Licence does not absolve the Licensee from responsibility for compliance with the requirements of all applicable Federal, Territorial and Municipal legislation.

2.	Enforcement

a.	Subject to Part A, Item 2 (d), failure to comply with this licence will be a violation of the Northwest Territories Waters Act, exposing the licensee to the enforcement measures and the penalties provided for in the Act.

b.	Subject to Part A, Item 2 (d), all inspection and enforcement services regarding this licence will be provided by inspectors appointed under the Northwest Territories Waters Act.

c.	Subject to Part A, Item 2 (d), inspectors appointed under the Northwest Territories Waters Act enjoy - with respect to this licence, and for the purpose of enforcing this licence, and with respect to the use of water and deposit or discharge of waste by the licensee - all powers, privileges and protections that are conferred upon them by the Northwest Territories Waters Act or by other applicable law. 

d.	To the extent that the Northwest Territories Waters Act is, subsequent to the issuance of this licence, replaced with respect to water management in Nunavut by other federal legislation (including, without limitation, a regulation or order referred to in section 10.10.1 of the Nunavut Land Claims Agreement), and to the extent that the other federal legislation is consistent with the Nunavut Land Claims Agreement, the other federal legislation shall apply with respect to this licence and the Northwest Territories Waters Act shall cease to apply with respect to this licence. 

3.	Definitions

  	In this Licence: NWB4KUG0000

“Amendment” means a change to original terms and conditions of this licence requiring correction, addition or deletion of specific terms and conditions of the licence; modification inconsistent with the terms of the set terms and conditions of the Licence;

“Board” means the Nunavut Water Board established under the Nunavut Land Claims Agreement;

“Grab Sample” means a single water or wastewater sample taken at a time and place representative of the total discharge;

"Inspector" means an Inspector designated by the Department of Indian and Northern Affairs Canada in a manner consistent with the Memorandum of Understanding between the Department of Indian and Northern Affairs and the Board;

"Licensee" means the holder of this Licence;

“Modification” means an alteration to a physical work that introduces a new structure or eliminates an existing structure and does not alter the purpose or function of the work, but does not include an expansion; changes to the operating system that are consistent with the terms of this Licence and do not require amendment;

“Nunavut Land Claims Agreement” (NLCA) means the “Agreement Between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada,” including its preamble and schedules, and any amendments to that agreement made pursuant to it;

“Sludge” means the accumulated and concentrated solids removed from the holding cell or retention structure; and

"Waste" means any substance that, by itself or in combination with other substances found in water, would have the effect of altering the quality of any water to which the substance is added to an extent that is detrimental to its use by people or by any animal, fish or plant, or any water that would have that effect because of the quantity or concentration of the substance contained in it or because it has been treated or changed, by heat or other means.

PART B:  GENERAL CONDITIONS

1.	The water use fee shall be paid in advance, in accordance with requirements outlines in Schedule II. 

2.	The Licensee shall file a Summary Report with the Board not later than September 1, 2000, which shall contain the following information:

a.	the total quantity of water withdrawn from the  approved water source(s);
b.	the amount, method of disposal and location of waste and sludge disposed of;
c.	a list of unauthorized discharges and follow-up taken;
d.	details of work completed, including restoration of the area;
e.	tabular summaries of all data generated under the "Surveillance Network Program"; 
f.	any other details on water use or waste disposal requested by the Board by August 1, 2000.

3.	The Licensee shall comply with the "Surveillance Network Program" annexed to this Licence, and any amendment to the said "Surveillance Network Program" as may be made from time to time, pursuant to the conditions of the Licence.

4.	The "Surveillance Network Program" and compliance dates specified in this Licence may be modified at the discretion of the Chief Executive Officer.

5.	The Licensee shall install meters or such devices, or use such methods as approved by an Inspector for measuring the volumes of water used.  The meters and measuring devices or methods shall be operated and maintained to the satisfaction of an Inspector.

6.	The Licensee shall immediately report to the 24-Hour Spill Report Line (867-920-8130) any spills of Waste, which are reported to or observed by the Licensee.

PART C:  CONDITIONS APPLYING TO WATER USE

1.	The Licensee shall obtain all fresh water needed for cleaning and hydrostatic testing from the snowmelt runoff ditch adjacent to the tank farm, as shown on Figure 1.  In the event that an alternate water source is required, sea water shall be used. 

2.	Where practical, the Licensee shall minimize fresh water use by serially transferring water from one tank to another and recycling water from the sump or holding pond. 

3.	The volume of freshwater withdrawn shall not exceed 4000 cubic metres. 

4.	The use of cleaning agents other that water and steam is not authorized under this permit.

PART D:  CONDITIONS APPLYING TO WASTE DISPOSAL

1.	The Licensee shall discharge all effluent to the bermed holding pond located on the North side of the tank farm which is to be designed to retain the water for at least two hours prior to disposal.

2.	All cleaning material, absorbent mats and sludge shall be separated from the wastewater and disposed of in a manner as approved by an Inspector.

3.	All water discharged from the sump or holding pond shall be released and directed into the existing snowmelt channel around the tank farm, which drains into the ocean nearby.

4.	All effluent to be discharged from the sump or holding pond shall nave no visible sheen of oil and grease, and shall be discharged in such a manner so as to prevent erosion and/or sediment from entering the water.

5.	All waste shall be located a minimum of thirty (30) meters from the normal high water mark of any water body and be sufficiently bermed or otherwise contained to ensure that these substances do not enter any water body. 

6.	Barrels of contaminated sludge shall be disposed of to the satisfaction of an Inspector. 

PART E:  CONDITIONS APPLYING TO MODIFICATIONS

1.	The Licensee may, without written approval from the Board, carry out modifications to the Water Supply and Waste Disposal Facilities provided that such modifications are consistent with the terms of this Licence and the following requirements are met:

a.	the Licensee has notified the Board in writing of such proposed modifications at least sixty (60) days prior to beginning the modifications;
b.	such modifications do not place the Licensee in contravention of the Licence;
c.	the Board has not, during the sixty (60) days following notification of the proposed modifications, informed the Licensee that review of the proposal will require more than sixty (60) days; and
d.	the Board has not rejected the proposed modifications.

2.	Modifications for which all of the conditions referred to in Part E, Item 1, have not been met may be carried out only with written approval from the Board.

3.	The Licensee shall provide to the Board site plans of the modifications referred to in this Licence within ninety (90) days of completion of the modifications.

PART F: CONDITIONS APPLYING TO SPILL CONTINGENCY PLANNING

	1.	If, during the period of this Licence, an unauthorized discharge of waste occurs, or if such a discharge is foreseeable, the Licensee shall:

				a.	report the incident immediately via the 24-Hour Spill Reporting Line.  Currently the number is (867) 920-8130; and

			b.	submit to an Inspector a detailed report on each occurrence not later than thirty (30) days after initially reporting the event.

PART G:  CONDITIONS APPLYING TO ABANDONMENT AND RESTORATION

1.	After all hydrostatic testing has been completed and wastewater disposed of, the Licensees shall remove and dispose of all contaminated sludges, absorbents and cleaning materials as approved by an Inspector, and fill in any sumps or depressions constructed.

2.	All disturbed areas should be stabilized upon completion of work and restored to a pre-disturbed state. 

NUNAVUT WATER BOARD

	LICENSEE:	GYR CONSTRUCTION LIMITED

	LICENCE NUMBER:	NWB4KUG0000

	EFFECTIVE DATE OF LICENCE
	ISSUANCE:	May 8, 2000

SCHEDULE I:                              SURVEILLANCE NETWORK PROGRAM

A.	Location of Surveillance Stations

	Station Number	Description

	GYR-01	Water Intake

	GYR-02	Final discharge point from holding cell

B.	Sampling and Analysis Requirements

1.	Water at Station Number GYR-01 shall be sampled once during withdrawl and analyzed for the following parameters:

Total Suspended Solids		Oil and Grease (Visual)
Total Iron			Total Lead			
	Total Nickel			Total Zinc

2.	Water at Station Number GYR-02 shall be sampled once at the beginning and end of each discharge and analyzed for the following parameters:

Total Suspended Solids		Oil and Grease (Visual)
Total Iron			Total Lead			
						Total Nickel			Total Zinc
						Total Phenols

3.		The exact location of SNP stations can be developed with the assistance of the Inspector. 

4.		Additional sampling and analysis may be requested by an Inspector.

5.		All sampling, sample preservation and analyses shall be conducted in accordance with methods prescribed in the current edition of "Standard Methods for the Examination of Water and Wastewater", or by such other methods approved by the Board.

6.		All analyses shall be performed in a laboratory approved by the Board.

C.	Flow and Volume Measurement Requirements

1.		The volume of water withdrawn from the approved water source shall be measured and recorded in cubic metres.

2.		The volume of sludge disposed of shall be measured and recorded.

D.	Modifications To The SNP

1.	Modifications to the Surveillance Network Program may be made only upon written approval of the Chief Executive Officer.

SCHEDULE II - LICENSING CONSIDERATIONS  

I.	APPLICATIONS FOR LICENCE AMENDMENT, RENEWAL, ASSIGNMENT OR CANCELLATION.

1.	An Application for an amendment or renewal shall be in the form set out by the Board and shall contain the information identified therein and be accompanied by a deposit equal to any water use fee that would be payable under subsection II (1) in respect of the first year of the licence that is being applied for.

2.	The fee payable on the submission of an application for the amendment, renewal, cancellation or assignment of this licence is thirty (30) dollars. Cheque made payable c/o The Receiver General for Canada

3.	An application for authorization for the assignment of the licence shall be submitted to the Board, accompanied by the fee set out in (2), no less than 45 days before the date on which the applicant proposes to assign the licence, and shall:

	a.	Be signed by the assignor and the assignee; and 
	b.	Include the name and address of the assignee.

4.	An application for cancellation of a licence shall be in writing and shall set out the reason for the requested cancellation and a description of the measures taken or proposed to be taken, prior to cancellation, for abandonment of the appurtenant undertaking.

II.	WATER USE FEES

1.	In accordance with Northwest Territories Waters Regulations, 8 June 1993, Section  9. 

SCHEDULE III - GENERAL CONDITIONS FOR THE ADMINISTRATION OF LICENCESISSUED BY THE NUNAVUT WATER BOARD (NWB) 
1.	At the time of issuance, a copy of the Licence is placed on the Water Register in the NWB Head Office in Gjoa Haven, and is available to the public.

2.	To enforce the terms and conditions of the Licence, the Department of Indian Affairs and Northern Development designates Inspectors in a manner consistent with the Memorandum of Understanding between the Department of Indian and Northern Affairs and the NWB. The Inspectors coordinate their activities with the NWB staff and officials of the Water Resources Division of DIAND. The Inspector responsible for Licence No. NWB4KUG0000 is located in the Nunavut District office.

3.	To keep the NWB and members of the public informed of the Licensee’s conformity to Licence conditions, the Inspectors prepare inspection and compliance reports which detail observations on how the Licensee has met each condition in the Licence. These reports are forwarded to the Licensee with a covering letter requesting what action, if any, should be taken. The inspection reports and covering letters are placed on the public Water Register, as are any responses received from the Licensee pertaining to the inspection reports. It is therefore of importance that the Licensee react in all areas of concern regarding inspection reports so that these concerns may be clarified. 

4.	If the Licensee contemplates the renewal of Licence No. NWB4KUG0000, it is the responsibility of the licensee to apply to the NWB for renewal of the licence. The past performance of the licensee, new documentation and information, and issues raised during a public hearing, if the NWB is required to hold one, will be used to determine the terms and conditions of the  Licence renewal. If the licence expires before the NWB issues a new one, then water use and waste disposal must cease, or the Licensee will be in contravention of the Nunavut Land Claims Agreement.  The NWB recommends that an application for the renewal of Licence No. NWB4KUG0000be filed at three months before the Licence’s expiry date. 

5.	If Licence No.NWB4KUG0000  requires amendment, then a public hearing may be required. The Licensee should submit applications for amendment as soon as possible to give the NWB sufficient time to go through the amendment process. The duration of the process may vary depending on the scope of the amendment requested.

6.	The NWB can modify the Surveillance Network Program annexed to the licence without a public hearing.  Requests for changes to the Surveillance Network Program should be forwarded to the NWB in writing, and should include the justification for the change.  

7.	Any communication with respect to this licence shall be made in writing to the attention of:  
	Philippe di Pizzo 
	Executive Director 
	Nunavut Water Board 
	P. O. Box 119 
	Gjoa Haven, Nunavut  X0E 1J0
						Telephone No:	(867) 360-6338
						Fax No: 		(867) 360-6369	
	
8.	Inspection and enforcement of the terms and conditions of this licence are performed by:
						Water Resources Officer
						Nunavut District Office 
	Northern Affairs Program 
	Department of Indian Affairs 
	and Northern Development 
	P. O. Box 100
	Iqaluit, Nunavut  X0A 0H0
						Telephone No:	(867)979-4405
						Fax No:		(867)979-6445

9.	The licensee shall submit all report, plans and studies to the Board in triplicate.