for the construction and operation of the Development being a grader blade manufacturing facility, located at 62 Lifesciences Parkway at Lot 1, Plan 35991 WLTO SW ¼ 36-6-6 EPM in the City of Steinbach, in accordance with a Proposal submitted on September 14, 1998, and subject to the following specifications, limits, terms and conditions:

In this Licence,

"accredited laboratory" means facilities accredited by the Standard Council of Canada (SCC), or facilities accredited by another accrediting agency recognized by Manitoba Environment to be equivalent to the SCC, or facilities which can demonstrate to Manitoba Environment, upon request, that quality assurance/quality control (QA/QC) procedures are in place equivalent to accreditation based on the Canadian Standard Can/CSA-Z753, extension of the international standard ISO 9000, Guide 25;

"affected area" means a geographical area, excluding the property of the Development;

"cleaners/degreasers" means any liquid compound containing organic solvents, used to remove unwanted matter or clean the surface of materials;

"Director" means an employee so designated pursuant to The Environment Act;

"finishing or coating formulations" means any compound containing organic solvents, applied to the surface of a material as a primer, paint, laquer, liquid plastic, etc.;

"noise nuisance" means an unwanted sound, in an affected area, which is annoying, troublesome, or disagreeable to a person:

1. residing in an affected area;
2. working in an affected area; or
3. present at a location in an affected area which is normally open to the members of the public;

if the unwanted sound

4. is the subject of at least 5 written complaints, received by the Director in a form satisfactory to the Director, and within a 90 day period, from 5 different persons falling within clauses a), b), or c), who do not live in the same household; or
5. is the subject of at least one written complaint, received by the Director in a form satisfactory to the Director, from a person falling within clauses a), b), or c), and the Director is of the opinion that if the unwanted sound had occurred in a more densely populated area there would have been at least 5 written complaints received within a 90 day period from 5 different persons who do not live in the same household;

"odour nuisance" means a continuous or repeated odour, smell or aroma, in an affected area, which is offensive, obnoxious, troublesome, annoying, unpleasant, or disagreeable to a person:

1. residing in an affected area;
2. working in an affected area; or
3. present at a location in an affected area which is normally open to the members of the public;

if the odour, smell or aroma

4. is the subject of at least 5 written complaints, received by the Director in a form satisfactory to the Director, and within a 90 day period, from 5 different persons falling within clauses a), b), or c), who do not live in the same household; or
5. is the subject of at least one written complaint, received by the Director in a form satisfactory to the Director, from a person falling within clauses a), b), or c), and the Director is of the opinion that if the unwanted odour, smell of aroma had occurred in a more densely populated area there would have been at least 5 written complaints received within a 90 day period from 5 different persons who do not live in the same household;

"opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background;

"organic material" means a chemical compound of carbon excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, metallic carbonates and ammonium carbonate;

"organic solvents" means organic material, including diluents and thinners, which are liquids at standard conditions and which are used as dissolvers, viscosity reducers or cleaning agents, except that such material exhibiting a boiling point higher than 104 degrees Celsius at 0.5 mm Hg absolute pressure or having an equivalent vapor pressure shall not be considered to be solvents unless exposed to temperatures exceeding 104 degrees Celsius;

"particulate matter" means any finely divided liquid or solid matter other than water droplets;

"particulate residue" means that part or portion of an atmospheric emission which is deposited onto a surface;

"point source" means any point of emission from the Development where pollutants are emitted to the atmosphere by means of a stack;

"stack" means a duct, pipe, chimney, vent, opening or other structure through which pollutants are emitted to the atmosphere;

"standard conditions" are a gas temperature of 25 degrees Celsius and a gas pressure of 760 millimetres Hg absolute;

"volatile organic compound (VOC)" means any volatile compound containing the element carbon, excluding methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides and carbonates, and other compounds which may be exempt by the Director; and

"wastewater" means any liquid containing a pollutant as defined in The Environment Act, associated with or resulting from the Development which is discharged into the environment.

This Section of the Licence contains requirements intended to provide guidance to the Licencee in implementing practices to ensure that the environment is maintained in such a manner as to sustain a high quality of life, including social and economic development, recreation and leisure for present and future Manitobans.

1. The Licencee shall implement a high standard of equipment maintenance and good housekeeping and operational practices with respect to the Development, at all times.
   
   
2. The Licencee shall reduce the production and dissemination of wastes by initiating and maintaining waste reduction and waste recycling programs.
   
   
3. The Licencee shall, upon the request of the Director and in addition to any of the limits, terms or conditions specified in this Licence:

1. sample, monitor, analyze and/or investigate specific areas of concern regarding any segment, component or aspect of pollutant storage, containment, treatment, handling, disposal or emission systems, for such pollutants or ambient quality, aquatic toxicity, leachate characteristics and discharge or emission rates, for such duration and at such frequencies as may be specified;
2. determine the environmental impact associated with the release of any pollutants from the said Development; or
3. provide the Director, within such time as may be specified, with such reports, drawings, specifications, analytical data, descriptions of sampling and analytical procedures being used, bioassay data, flow rate measurements and such other information as may from time to time be requested.

4. The Licencee shall, unless otherwise specified in this Licence:

1. carry out all sampling of and preservation on water, soil or air samples in accordance with methodologies approved by the Director;
2. ensure that all analytical determinations are undertaken by an accredited laboratory; and
3. report the results to the Director within 60 days of the samples being taken.

5. The Licencee shall provide to the Director, upon request, all information required under this Licence, in writing and in such form and content (including number of copies), as may be specified by the Director.

Respecting Air Emissions

6. The Licencee shall not emit from the Development:

1. particulate matter in any air emission that:

1. exceeds 0.23 grams per dry standard cubic metre calculated at 25 degrees Celsius and 760 millimetres of mercury, corrected to 12 percent carbon dioxide for processes involving combustion, from any point source of the Development;
2. exhibits a visible plume with an opacity of greater than 5 percent at any point beyond the property line of the Development; or
3. results in the deposition of visible particulate residue at any time beyond the property line of the Development; or,

2. particulate matter from any point source with an opacity that equals or exceeds:

1. 20 percent as the average of any 24 consecutive opacity observations taken at 15 second intervals;
2. 20 percent for more than 16 individual opacity observations within any 1 hour period; or
3. 40 percent for any individual opacity observation.

7. The Licencee shall not cause or permit a noise nuisance to be created as a result of the construction, operation or alteration of the Development, and shall take such steps as the Director may require to eliminate or mitigate a noise nuisance.
   
   
8. The Licencee shall not cause or permit an odour nuisance to be created as a result of the construction, operation or alteration of the Development, and shall take such steps as the Director may require to eliminate or mitigate an odour nuisance.

Respecting Air Emission Sampling and Analysis

9. The Licencee shall construct a stack or stacks, at the request of the Director and in such location(s) and to specifications as may be requested by the Director, for the sampling of emissions.
   
   
10. The Licencee shall install stack-sampling facilities, at the request of and in a manner satisfactory to the Director, at any or all stack or stacks.
    
    
11. The Licencee shall submit, within 90 days of the Director’s written request, a proposal for the approval of  the Director for the characterization, sampling and analysis of emissions from any process at the Development.
    
    
12. The Licencee shall complete the sampling of emissions requested in Clause 11 of this Licence in accordance with the approved proposal, and within a time frame approved by the Director.
    
    
13. The Licencee shall submit to the Director, within 90 days of receipt of the analytical results of the sampling performed per Clause 12 of this Licence, a report that discusses the characterization, sampling and analysis project and the results of that project. This report shall address any potential health or environmental impacts beyond the boundaries of the Development that might be caused by the emissions sampled.

Respecting Wastewater

14. The Licencee shall not discharge wastewater beyond the property boundaries of the Development.

Respecting Recordkeeping and Reporting

15. The Licencee shall record the mass usage, in kilograms, on an annual basis starting in the year 1999, of materials which have a volatile organic compound (VOC) content including:

1. cleaners/degreasers; and
2. finishing or coating formulations.

16. The Licencee shall provide for each of the materials recorded in Clause 15 of this Licence the following information:

1. the VOC content as percentage of mass; and
2. the percentage of VOC recovered.

17. The Licencee shall submit to the Director, within 30 days of the end of each annual reporting period, a written report containing the information gathered in Clauses 15 and 16 of this Licence.

1. If, in the opinion of the Director, the Licencee has exceeded or is exceeding or has or is failing to meet the specifications, limits, terms, or conditions set out in this Licence, the Director may, temporarily or permanently, revoke this Licence.
   
   
2. If, in the opinion of the Director, new evidence warrants a change in the specifications, limits, terms or conditions of this Licence, the Director may require the filing of a new proposal pursuant to Section 10 of The Environment Act.

"original signed by"
Larry Strachan, P. Eng.
Director
Environment Act