for the operation of the Development being a paint storage warehouse, small laboratory and office located at Unit 4, 1725 St. James Street in the City of Winnipeg, and in accordance with the Proposal filed under The Environment Act on May 12, 2000, and subject to the following specifications, limits, terms and conditions:

In this Licence,

"accredited laboratory" means any facility accredited by the Standard Council of Canada (SCC); or facilities accredited by another accrediting agency recognized by Manitoba Conservation to be equivalent to the SCC; or any facility able to demonstrate to Manitoba Conservation, upon request, that it has the quality assurance/quality control (QA/QC) procedures 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;

"chemical(s)" includes, but is not limited to paint and paint related products;

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

"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;

"odour nuisance" means a continuous or repeated odour, smell or aroma, in a affected area, which is offence, 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 within a 90-day period and in a form satisfactory to the Director, from 5 different persons falling within clauses a), b), or c), who do not live in the same household;

"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 a Development where pollutants are ducted into the atmosphere; and

"sewage" means human body, toilet, liquid, waterborne culinary, sink or laundry waste.

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 install and maintain, for all chemical storage structure(s), an automatic system(s) for fire detection and security.
   
   
2. The Licencee shall, at all times during the operation of the Development, ensure that a high standard of equipment maintenance and operational practices are implemented.
   
   
3. The Licencee shall reduce the production and dissemination of wastes by initiating and maintaining waste reduction and waste recycling programs.
   
   
4. The Licencee shall not emit particulate matter from the Development such that:

1. particulate matter:

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. opacity from any point source of the Development 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.

5. The Licencee shall not cause or permit a noise nuisance to be created as a result of the operation or alteration of the Development, and shall take such steps as the Director may require to eliminate or mitigate a noise nuisance.
   
   
6. The Licencee shall not cause or permit an odour nuisance to be created as a result of the operation or alteration of the Development, and shall take such steps as the Director may require to eliminate or mitigate an odour nuisance.
   
   
7. The Licencee shall at the request of the Director, conduct soil, air (stack and/or ambient), ground water, surface water or noise monitoring at or adjacent to the Development.
   
   
8. The Licencee shall, where applicable, analyse the samples taken pursuant to Clause 7 of this Licence for those parameters specified by the Director.
   
   
9. The Licencee shall ensure that all analytical monitoring determinations carried out pursuant to Clause 8 of this Licence are undertaken by an accredited laboratory.
   
   
10. The Licencee shall submit a copy of the sampling report complete with analytical results as specified pursuant to Clauses 7, 8, and 9 of this Licence, to the Director within 60 days of the completion of the sampling program.

11. The Licencee shall not direct any spillage, contaminated run-off or pollutant, other than sewage, to an approved sewage disposal system.
    
    
12. The Licencee shall contain and clean up immediately any chemical spills in order to prevent soil, surface water or ground water contamination.
    
    
13. The Licencee, subject to obtaining approval from an Environment Officer, shall immediately dispose of any contaminated material in accordance with the approval.
    
    
14. The Licencee shall submit, within thirty (30) days of the issuance of this Licence, an emergency response contingency plan to be approved by the Director. This plan shall include, but not be limited to, items which will address: measures implemented for spill prevention and containment; security; personnel training; fire and other response arrangements.
    
    
15. The Licencee shall ensure that all areas where chemicals are stored or handled are constructed and maintained in such a manner to contain any spilled chemicals within the Development.
    
    
16. The Licencee shall create and maintain a current duplicate inventory of all chemicals stored at the Development, with one copy stored at the premises of the Development, and the other copy stored at a location off-site from the Development.
    
    
17. The Licencee shall contain on the Development:

1. any on-site chemical spill;
2. waste water generated from any response action due to an on-site release of chemicals; and
3. contaminated water resulting from the extinguishing of any fire involving chemicals.

18. The Licencee shall submit within one (1) year prior to closure of the Development, for the approval of the Director, a formal detailed Decommissioning Plan for the Development.
    
    
19. The Licencee shall implement, on closure of the facility, the approved Decommissioning Plan.
    
    
20. The Licencee shall, within 30 days of the date of this Licence, post with the Manitoba Department of Conservation in the amount of $10,000 Cdn:

1. a permit bond issued by a surety company licenced to do business in the Province of Manitoba; or
2. an irrevocable letter of credit; or
3. another acceptable security satisfactory to the Director.

This permit bond, irrevocable letter of credit, or other security and renewals thereof shall remain in place for the duration of the Development. The Director may order forfeiture of the permit bond, irrevocable letter of credit, or other security, either in whole or in part, by giving written notice to that effect to the Licencee, upon the Director being satisfied that the Licencee is in breach of any specification, limit, term or condition of this Licence, or for reimbursement of any costs or expenses incurred by the Province of Manitoba in rectifying environmental damage caused or contributed to by the operation of the Development.

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