Title: Number: Program Name: PLAR Industrial and Commercial Work Camps on Public Land Directive ESRD, Public Land Management, 2014, No.5 Public Land Management Effective Date: January 30, 2014 This document was updated on: 1. Introduction 1.1 Purpose To provide a consistent approach for authorizing the use of public land for short-term Industrial and Commercial Work Camps using Disposition Operational Approvals (DOAs) and Temporary Field Authorizations (TFAs). It is commonplace to use short-term work camps to temporarily accommodate workers associated with industrial development in remote settings, or where suitable accommodations do not exist in nearby service centres: Industrial work camps are those camps that are operated for the purposes of a single company that is also industrial project developer, and the work camp is only required during project construction/development. These camps may be approved on a short-term basis by either Environment and Sustainable Resource Development (ESRD) or the Alberta Energy Regulator (AER). Commercial camps are those camps where the work camp owner is not directly an industrial project developer, and the work camp typically services the workers of other companies. (e.g. Open Camp). These camps will be approved by ESRD and will typically consist of long-term camps, but in rare circumstances may also be short-term camps. Historically, short-term work camps have been approved through a Temporary Field Authorization (TFA), and camps of a slightly longer term (e.g. up to three years) were approved through a Miscellaneous Permit (MLP). Because of the recent adoption of the Public Lands Administration Regulation (PLAR) in 2011, the following changes are currently being implemented: Short-term industrial work camps associated with an approved public lands formal disposition (e.g. wellsite MSL) may be approved with a Disposition Operational Approval (DOA). Short-term industrial and commercial work camps not directly associated with an approved public lands formal disposition will continue to be approved through a Temporary Field Authorization (TFA). Any camp exceeding the criteria for a DOA/TFA (including any long-term camps) will require a Miscellaneous Lease (MLL) from ESRD. With the recent changes in PLAR, Miscellaneous Permits PLAR Industrial and Commercial Work Camps on Public Land Page 1 of 11
(MLPs) are no longer being issued, and existing MLPs are being phased out or converted to longer term dispositions. In addition to the requirement for authorization to use and occupy Public Land for the purposes a work camp, the sewage system utilized at the camp must be authorized either under the Environmental Protection and Enhancement Act, or the Safety Codes Act. See Section 4 of this directive for important documents to reference on these requirements. Throughout this directive reference is made to the Regulatory Body. This term is used to describe the government department or delegated authority which may implement the Public Lands Act. As of the effective date of this directive the term Regulatory Body applies to Environment and Sustainable Resource Development (ESRD), and the Alberta Energy Regulator (AER). Both of these organizations may issue industrial and commercial work camp dispositions subject to the direction contained within this and other policy documents. 1.2 Scope This directive is mandatory and shall be implemented by all issuing agencies of Public Lands Act dispositions for work camps. This directive does not apply to work camps on Private Lands. The Safety Codes Act, the Environmental Protection and Enhancement Act, and supporting regulations do apply for the management of sewage systems on private land camps, but this directive does not detail the requirements under that legislation. This directive does not detail the application process and procedures for long-term Work Camps on Public Land requiring a Miscellaneous Lease (MLL or DML). 1.3 Precautions Use this directive with the supporting documents and processes identified within. Revisions to this directive may be needed when there are changes to the supporting documents or processes within. Revisions to the directive are the responsibility of the directive Owner. Regulatory body staff and applicants can contact the directive owner if there are any questions about this procedure. 1.4 Responsibility The following roles are responsible for maintaining, approving, and using this procedure: Directive Owner: ESRD Policy Division, Lands and Forestry Policy Branch Directive Approver: Executive Director, Lands & Forest Policy, Policy Division, ESRD Directive Users: ESRD Operations Division, Policy Division, Integrated Resource Planning Division, and the Alberta Energy Regulator Page 2 of 11
2. Procedure The step numbers in this table correspond to step numbers within the flowchart and outline detailed actions for the directive users. Step Action Refer To Flowchart A: Application Procedures For Short Term Industrial And Commercial Work Camps For Visual Reference Of Actions. 1.0 DOA/TFA Application for Work Camp A request for a Work Camp-Industrial or Work Camp- Commercial may be submitted as a Disposition Operational Approval (DOA)/Temporary Field Authorization (TFA) application to a regulatory body. The request must be made using the General TFA/DOA application form DOA/TFA Applications will not be accepted in other formats. The request must include a sketch plan and adhere to the PLAR Approvals and Authorizations Administrative Procedures. All commercial work camp applications should be submitted directly to any ESRD office. The receiving agency will review the TFA/DOA application and determine: A. The DOA/TFA activity is not associated to an Energy Disposition as managed by the AER, and therefore the TFA/DOA request will be managed by ESRD, or B. The DOA/TFA activity is associated to an Energy Disposition as managed by the AER, and therefore, the DOA request will be managed by the AER. Where a regulatory body receives an application for which it is not the reviewing agency it shall immediately forward the application to the appropriate regulatory regional office. Note: For those activities which do not meet the application criteria as above, it does not mean that the application should be immediately referred from AER to ESRD. Attempts should be made to have the applicant adjust their proposed activity to meet the criteria such that the appropriate regulator may manage the activity. A decision not to issue the approval due to review criteria does not mean that the application is immediately referred to ESRD. Continue to Step 2.0 Note: AER does not issue TFAs/DOAs for Commercial Work Camps, because all work camps within its mandate should be directly related to industrial energy activities. Typically commercial or open camps will be of long-term duration and different allocation/ needs assessment procedures may apply for leasing of Public Land for these camps. Page 3 of 11
2.0 Regulatory Body Application Completeness Review The reviewing regulatory body conducts an assessment on the completeness of the application form including: Is the General TFA/DOA application form is completely filled out? Has a land standing report has been completed where required? Have all required consents have been submitted with the application? Is an acceptable sketch plan has been completed and submitted with the application? Where the application is deemed complete, the merit review may proceed: Continue to step 3.0 Where the application is deemed incomplete, it will be rejected as per PLAR, and the client will be provided with reasons for the rejection. The applicant may choose to: Re-apply with a new or revised application Appeal the rejection under the appropriate regulatory body appeal process Choose not to re-apply 2.0a ESRD Applications ESRD reviews the TFA/DOA application where the activity is not related to an Energy Disposition. Note: Flowchart A shows the reviewing process the same for both ESRD and AER, though each agency conducts its own separate review process and issuance. 2.0b AER Applications AER reviews the DOA application where the activity is related to an Energy Disposition. Note: Flowchart A shows the reviewing process the same for both ESRD and AER, though each agency conducts its own separate review process and issuance. Page 4 of 11
3.0 Regulatory Body Work Camp Criteria Reviewed Important: The purpose of this step is to review the TFA/DOA application and assess whether a TFA, a DOA, or formal disposition (Miscellaneous Lease- DML/MLL) may be issued for the work camp. In order to be authorized as a short-term camp, the work camp must meet all of the following: 1. The surface area used for the camp is 1 ha in size 2. The required use of the camp is for 1 year 3. The peak flow of sewage is less than 25 m³ per day (approximately 110 persons camp occupancy) 4. The sewage system does not directly or indirectly discharge into surface waters. Note 1: A private sewage permit is required from the appropriate municipality under the Safety Codes Act for these temporary camps. Note 2: For pump off water or waste discharge on public land that is not explicitly permitted under the work camp Authorization or Formal Disposition, an Approval (DOA) must be obtained from the regulatory body prior to carrying out the pump-off operation. If the proposed activity meets all of the above criteria, then the activity may be approved as follows:.continue to step 4.0 If the work camp is associated to an energy disposition, then the DOA will be issued and managed by the AER If the work camp is not associated to an energy disposition, then the DOA or TFA will be issued and managed by ESRD. If the proposed activity does not meet any of the above criteria, then the activity requires a Public Lands Act Miscellaneous Lease (MLL) as managed by ESRD. Continue to step 5.0 Page 5 of 11
4.0 Merit Review The regulatory body will review the proposed activity on its merits. This means the reviewing agency performs an assessment including: Whether the work camp is necessary for construction or whether more desirable alternatives exist (e.g. ample space in nearby other camps, or urban service centers) This consideration will be particularly important in areas where it is much less desirable to create additional footprint (e.g. caribou habitat) Whether the work camp will in fact be short-term or whether the intent is actually for a long-term camp in which a lease would be required. Whether the proposed activity can be issued while addressing acceptable impacts to other resource values and adjacent land users (wildlife, fish, watersheds, historical resources, etc.) Whether a suitable plan is in place for addressing work camp sewage, grey water, and trash. Whether the work camp is aligned with any applicable disturbance standards when such standards may be in place. Whether the work camp is appropriate under the regional plan, sub-regional plan, or integrated resource plan for the area in which the activity is proposed. If the activity is acceptable then the reviewing regulatory body will issue the appropriate disposition for the activity to the client. The regulatory body will apply the appropriate conditions to the disposition considering any site sensitivities and requirements (e.g. Bearsmart protection plan applied with Grizzly Bear ranges) Land use charges and timber damage assessment may apply (see the PLAR Operational Approvals and Authorizations Administrative Procedures for further information) Continue to Step 6.0 Reclamation Requirements If the activity is reviewed according to the above criteria and is found not favorable for issuance, then the reviewing regulatory body will notify the applicant and communicate the concerns noted in the TFA/DOA application during merit review. Reviewing regulatory staff may attempt to work with the applicant to modify the activity application so that it becomes acceptable to the regulatory body and can be approved. If this is not possible the TFA/DOA activity will not be approved, and no DOA/TFA will be issued. Reasons for non-issuance will be provided in writing to the applicant. The applicant may choose to Re-apply with a new or revised application Appeal the refusal under the appropriate regulatory body appeal process Choose not to re-apply Important: Until Such Time As The GLIMPS System is updated to allow the issuance of DOA S, ALL DOAS will be issued as TFAS using the normal TFA issuance protocols. Page 6 of 11
5.0 EPEA Criteria Reviewed for Sewage System: The reviewing agency will assess the proposed activity and determine if an EPEA approval may be required for the sewage system used at the work camp. If the 1. Peak flow of sewage is to be equal to or greater than 25m³ per day (approx. 110 persons camp occupancy) or 2. The sewage system directly or indirectly discharges into surface waters Then an EPEA approval will be required for the work camp sewage system. If an EPEA approval is required, the regulatory body will recommend to the proponent to apply for a Miscellaneous Lease (MLL) for public land use, and an EPEA Approval for the work camp sewage system. If an EPEA approval is not required, the reviewing agency will recommend to the proponent to apply for a Miscellaneous Lease (MLL) for public land use, and a Private Sewage Permit from the appropriate municipality in which the activity will take place. Note 1: For pump off water or waste discharge on public land that is not explicitly permitted under the work camp Authorization or Formal Disposition, an Approval (DOA) must be obtained from the regulatory body prior to carrying out the pump-off operation. 6.0 A TFA/DOA is considered cancelled immediately after its term has expired. However this does not negate or diminish the reclamation requirements for the work camp area: A reclamation certificate under EPEA is required for a work camp authorized under TFA or DOA where the associated disposition is considered specified land under EPEA. This includes all incidental work camps issued by AER, as all of those work camps are related to energy activities which are considered specified land under EPEA. A letter of clearance under the Public Lands Act is required for a work camp authorized under TFA where the associated disposition is not specified land under EPEA. For stand-alone commercial work camps, a letter of clearance under the PLA is also required. It is the general expectation that structures will be removed and reclamation efforts initiated before the term end of the temporary work camp. Because final reclamation work may extend past the cancellation of the TFA/DOA, a reclamation approval is required at that time. (e.g. the work camp reclamation may take additional time past the expiry of the authorization). Page 7 of 11
3. Procedure Flowchart: Flowchart A: Application Procedures for Short Term Industrial and Commercial Work Camps Commercial Work Camp Step 1.0; DOA/TFA application for Work Camp is submitted to ESRD or AER using the General TFA Application Form No Industrial Work Camp Is the Work Camp associated to an Energy Disposition? Yes Step 3.0 Work Camp TFA/DOA Criteria Reviewed 1. The surface area used for the camp is 1 ha in size 2. The required use of the camp is for 1 year 3. The peak flow of sewage is less than 25 m³ per day (110 persons approx.) 4. The sewage system does not directly or indirectly discharge into surface waters. Note: Be advised that a private sewage permit is required from the appropriate municipality under the Safety Codes Act for these temporary camps. No Public Lands Act Miscellanous Lease (MLL) is required for the activity. Step 5.0 EPEA Criteria Reviewed for Sewage System 1. The Peak flow of sewage is 25 m³ per day (approx 110 persons), or 2. The sewage system directly or indirectly discharges into surface waters. Step 2.0a ESRD to review TFA/DOA Application Step 2.0b AER to review DOA Application Yes Does Proposed DOA/TFA Activity meet all criteria? Does the application trigger one or more EPEA Triggers? Applicant may re-apply with Completed application Step 2.0 TFA/DOA Application Completeness Review Is the Application Complete? Application is Rejected with reasons for rejection. Applicant may appeal rejection Step 4.0 Merit Review- Issuing Agency reviews the merit of the application. Is disposition acceptable? No DOA/TFA is not issued by AER or ESRD. Reasons for non-issuance are provided in writing. Yes Yes DOA/TFA is Issued by AER or ESRD NO Applicant advised to apply to ESRD for an MLL and an Private Sewage Permit for the Sewage System YES Applicant advised to apply to ESRD for an MLL and an EPEA approval for the Sewage System Appropriate Regulatory Appeals Process Applicant may appeal non-issuance Step 6.0 Cancellation & Reclamation PLAR Industrial and Commercial Work Camps on Public Land Page 8 of 11
4. Glossary AER: Alberta Energy Regulator Approval: A disposition issued under the Public Lands Act (Public Lands Administration Regulation sec. 14) which grants a person who is the holder of Formal Disposition or Authorization the permission or consent to conduct a certain activity related to their existing disposition. (See PLAR sec. 1(1)(e) for further definition). Authorization: A disposition issued under the Public Lands Act (Public Lands Administration Regulation sec. 12) which authorizes certain rights to use and occupy public land, typically for short-term non exclusive use (see PLAR sec. 1(1)(f) for further definition). Commercial Camp: Temporary accommodation facility which may include food services. The work camp owner is not directly an industrial project developer, and the work camp typically services multiple staff of multiple companies. (Eg. Open Camp). Delegated Authority: Any person that has been delegated power, duty or function by the minister under any Act or regulation. Deficiencies: A characteristic or condition of an application package that fails to meet a technical or administrative standard, requirement, or specification. Directive: Mandatory operational policy to be followed in carrying out a given operation or in a given situation. Provides a greater level of detail and context to legislated requirements. Directive Approver: Position responsible for approving a Directive. Directive Owner: Position/section/branch responsible for updates to a Directive. Directive Users: Those individuals or organizations responsible for taking actions within the Directive. Disposition: An instrument issued pursuant to the Public Lands Act (Public Lands Administration Regulation) to use and occupy public land for specific purposes and activities. A disposition may be one of three classes: a Formal Disposition, an Authorization, or an Approval. Disposition Operational Approval (DOA): An approval issued to address operational requests for the permission or consent of the Minister to conduct an activity or action related to an existing formal disposition or authorization. ESRD: Environment and Sustainable Resource Development Formal Disposition: A disposition issued under the Public Lands Act (Public Lands Administration Regulation sec. 10) which authorizes certain rights to use and occupy public land, typically for long-term use (see PLAR sec. 1(1)(o) for further definition). GLIMPS: Geographic Land Information Management and Planning System. A computerized database that maintains the official departmental record for all surface interests (activities) on Public Land in the Province of Alberta. Page 9 of 11
Industrial Work Camp- Temporary accommodation facility which may include food services. The work camp owner is also industrial project developer, and work camp is only required during project construction/development. Regulatory body: The department, agency or board authorized through legislation to administer the Public Lands Act and associated regulations. As of the effective date of this directive the term Regulatory Body applies to Environment and Sustainable Resource Development (ESRD), and the Alberta Energy Regulator (AER). 5. References To learn more about the legislation that applies to this procedure, visit the Government of Alberta Queen s Printer website at qp.alberta.ca and search for the following: Public Lands Act o Public Lands Administration Regulation Responsible Energy Development Act o Specified Enactments (Jurisdiction) Regulation o General Amendment Regulation Environmental Protection and Enhancement Act o Conservation and Reclamation Regulation o Activities Designation Regulation Safety Codes Act o Private Sewage Disposal Systems Regulation You may also be interested in reading supporting documents: Information Bulletin: Private Sewage Systems at Work Camps (2009) Joint Interpretation Bulletin: Jurisdiction of Wastewater Treatment Systems at Work Camps on Crown Land Leases (2009) Alberta Private Sewage Systems Standard of Practice (2009) Handbook for the Alberta Private Sewage Systems Standard of Practice (2009) PLAR Formal Disposition Directive: ESRD, Public Land Management, 2014, No.1 PLAR Authorizations Directive: ESRD, Public Land Management, 2014, No.2 PLAR Approvals Directive: ESRD, Public Land Management, 2014, No.3 The following documents are referenced within this directive: PLAR Approvals and Authorizations Administrative Procedures: ESRD, Public Land Management, 2014, No.6 Table C: PLAR TFAs and DOAs General TFA/DOA Application Form Page 10 of 11
6. Approvals Original signed by: Date: Kem Singh, Executive Director Land and Forestry Policy Branch Environment and Sustainable Resource Development Page 11 of 11