Guilty Plea in Pennask Creek Pollution Offenses - BC Ministry of Transportation Ordered to Pay More than $46,000

Kelowna, BC – September 27, 2005 – The British Columbia Ministry of Transportation appeared today in Provincial Court and pled guilty to two counts under the federal Fisheries Act for depositing a deleterious substance into Pennask Creek. The Ministry was fined $1,000.00 and ordered to pay $45,000.00 to the Environmental Damages Fund for use in rehabilitation of the Pennask watershed. Additionally, the Court ordered that the Ministry conduct an ongoing monitoring program of water quality in the area.

These charges stem from the exposure of a high pyrite rock formation near Pennask Summit during construction of Highway 97C (the Okanagan Connector) from 1987-90. This exposure resulted in significant acid rock drainage into an unnamed tributary (commonly known as Highway Creek), and then into Pennask Creek.

Pennask Creek is one of B.C.’s most important trout-bearing streams, and provides brood stock for all Southern Interior B.C. lakes. According to a November 2001 report commissioned by the B.C. Ministry of Transportation, the annual value in fish production in this system is estimated at $30 million.

The British Columbia Ministry of Transportation was originally charged with ten counts under subsection 36(3) of the federal Fisheries Act on May 27, 2004. The remaining counts were stayed by the Crown.

The federal Fisheries Act prohibits the deposit of any deleterious substance into water frequented by fish. Environment Canada is mandated to enforce and administer the pollution prevention provisions of the Fisheries Act, as well as other federal environmental legislation. The federal Fisheries Act allows for fines of up to $300,000 per offence and, upon conviction, a variety of Court Orders are available to the courts.

The Environmental Damages Fund was created in 1995 to provide courts and companies with a way to ensure that the money from pollution fines and settlements would be directly invested in repairing the harm done by pollution. It helps ensure the "polluter pays" principle is applied and that polluters take responsibility for their actions.

For more information, please contact:

John Dyck
Head, Investigations Section (Vancouver)
Environment Canada
(604) 666-3647

Janet Butler
Regional Communications Advisor
Environment Canada
(604) 713-9525

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