Charges Laid in Connection With Pennask Creek Pollution

VANCOUVER, British Columbia, July 6, 2004 – The British Columbia Ministry of Transportation appeared in British Columbia Provincial Court, Monday, July 5, charged with 10 counts under subsection 36(3) of the federal Fisheries Act for permitting the deposit of a deleterious substance into water frequented by fish. The alleged offenses took place between May 30, 2002 and November 19, 2003.

Environment Canada laid the charges on May 27, 2004, after a lengthy investigation. The charges stem from the exposure of a high pyrite rock formation near Pennask Summit during the construction of Highway 97C, the Okanagan Connector in 1987 through 1990. Environment Canada alleges that this exposure has resulted in significant Acid Rock Drainage (ARD) with metal leaching and discharge into an unnamed tributary (commonly referred to as Highway Creek) to Pennask Creek.

Pennask Creek is one of British Columbia’s most important trout-bearing streams and provides brood stock for all southern interior British Columbia lakes. The annual value in fish production for this system is estimated at $30,000,000.

Subsection 36(3) of the Fisheries Act prohibits any person from depositing or permitting a deposit of a deleterious substance into waters frequented by fish. First offenses under subsection 36(3) are punishable by a fine up to $300,000. Any subsequent offenses are punishable by a fine up to $300,000, a term of imprisonment not exceeding six months, or both.

This incident was investigated by enforcement staff of Environment Canada’s Environmental Protection Branch located in Vancouver, British Columbia. Environment Canada investigates alleged offences under the Canadian Environmental Protection Act, 1999 and the Fisheries Act, in order to ensure compliance with legislation and regulations that protect the Canadian environment.

A date for a future court appearance is pending.

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