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NEWFOUNDLAND

AND

LABRADOR

REGULATION 2/96

Final Decommissioning of the

Long

Harbour

Phosphorus Plant Order

under the

Environmental Assessment Act

(O.C. 96-041)

(Filed January 17, 1996)

Under the authority of

section 32 of the Environmental Assessment Act

, the Minister of Environment and Labour, with the approval of the Lieutenant-Governor in Council, makes the following Order.

Dated at

St. John's

January 16, 1996

Kevin Alyward

Minister of Environment and Labour

A. Faour

Deputy Clerk of Executive Council

ORDER

Analysis

Short title

Final decommissioning permitted

Short title

This Order may be cited as the Final Decommissioning of the Long Harbour Phosphorus Plant Order

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Final decommissioning permitted

(1) Albright and Wilson Americas,

AWA

, is permitted to proceed with final decommissioning of the Long Harbour Phosphorus Plant site in accordance with the

Part II Environmental Impact Statement, with addendum, subject to any applicable permit or approval, and subject to the following conditions:

(

a) AWA

is permitted to implement the in-situ capping approach for dealing with phosphorus contaminated wastes on site including

(

i) placement of mud from tanks in No. 1 Pond,

(ii)

backfilling No. 1 Pond and mud holes with slag and debris,

(iii)

treatment of displaced water, and

(iv)

placement of an engineered cover over the pond and mud holes area;

(

b) AWA

is required to undertake a landscape study in consultation with the Town of Long Harbour and local residents;

(

c) before finalizing plans for shoreline stabilization,

AWA

is required to consult with a qualified professional to determine whether or not the company's proposal to mitigate erosion is adequate and discuss the consultation's findings with the Town of Long Harbour; and

(

d) a monitoring commission will be established by the Minister of Environment to oversee the implementation of the site decommissioning.

(2) The commission referred to in paragraph (1)(

d) will be chaired by the Manager of Environmental Impact Management and will include

(

a) regulators; and

(

b) representatives of

(

i) the Town of

Long

Harbour

(ii)

AWA

, and

(iii)

other appropriate parties.

(3) Members of the commission will have the opportunity to express their views regarding aspects of monitoring programs and ongoing decommissioning activities, prior to decisions being made by government.

(4) Public stakeholders will not hold a vote, as decisions will be made by government, in accordance with existing legislation.

Earl G. Tucker, Queen's Printer