Mining Companies Charged with Pollution Offence and Failing to Comply with Direction

PARRY SOUND, ONTARIO, January 21, 2004 – Environment Canada has charged International Graphite Inc. and Graphold Inc. with failing to comply with a direction issued under the federal Fisheries Act, as well as violations of the Act.

Under the Fisheries Act, inspectors may issue a direction requiring alleged offenders to take immediate action to prevent the deposit of a deleterious substance in waters frequented by fish. It is alleged that on November 12, 2002, the companies, which have custodial control over a mine site near the Town of Kearney, Ontario, failed to comply with a direction that required them to control on and off-site pollution. As a result, acutely lethal effluent, which is toxic to fish, was allowed to enter a tributary of the Magnetawan River.

Charges were laid by Environment Canada's Ontario Regional Office after a 10-month investigation, which involved co-operation with the Ontario Ministries of the Environment, Northern Development and Mines and Natural Resources.

Failure to comply with a Direction under the Act can result in a maximum fine of $200,000 for a first offence. The maximum fine for the deposit of a deleterious substance into fish bearing waters is $300,000.

The first appearance for the accused companies is set for Tuesday, February 10, 2004 in Sundridge, Ontario.

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