Nyrstar Myra Falls Mine - conviction information for 2016-10-07
| Corporation name: | Nyrstar Myra Falls Mine |
|---|---|
| Address: | PO Box 8000 |
| City: | Campbell River |
| Province/territory: | British Columbia |
| Postal code: | V9W 5E2 |
| Country: | Canada |
| Sector or industry: | 212 - Mining and quarrying (except oil and gas) |
| Location of offense: | Strathcona Park, Campbell River, British Columbia |
|---|---|
| Case summary: | On September 5, 2014 Nyrstar Myra Falls Mine reported a spill of approximately 16,000L of untreated acidic wash water into Myra Creek. An off-site inspection was conducted on September 6, 2014 and determined that up to 22,000L of untreated acidic wash water was deliberately emptied, some of which was deposited into Myra Creek. The overflow occurred after used totes of the product MEYCO SA 160, that had been previously filled with water and used as berms, were emptied into a ditch on the mine site property. This ditch led to a sump system designed to pump the water to site containment. However, on this day as a result of an electrical fault on a pump control the wash water instead flowed into Webster Creek and subsequently Myra Creek. Samples were not collected by mine staff as required by the Metal Mining Effluent Regulations. |
| Charges: |
Charges approved by PPSC for 6 counts against Nyrstar Myra Falls Ltd. under the fisheries Act.
|
| Enforcement notification: | Nyrstar Myra Falls must pay $185,000 penalty for release of untreated acidic wash water in creek |
| Result: | Guilty Plea |
|---|---|
| Date of conviction: | 2016-10-07 |
| Court level: | |
| Nature of offense(s): |
|
| Additional details about the nature of the offense: | Not available |
| Act | Regulations | Section(s) |
|---|---|---|
| Pollution Prevention provisions (subsection 36(3)) of the Fisheries Act | Metal Mining Effluent Regulations | 14(1)(b) |
| Pollution Prevention provisions (subsection 36(3)) of the Fisheries Act | 36(3), 38(5) |
| Date of sentencing: |
2016-10-07 |
|---|---|
| Location of sentencing: | Campbell River |
| Sentence(s): |
|
| Amount of fine(s): | $185,000 |
| Sentencing details: |
On October 7, 2016, Nyrstar Myra Falls pleaded guilty, in B.C. Provincial Court, to two counts under the Fisheries Act as well as to one count under the Metal Mining Effluent Regulations. As a result, they have been ordered to pay $185,000 of which $184,000 will be directed to the Environmental Damages Fund (EDF).
On September 5, 2014, Nyrstar Myra Falls Mine deposited untreated acidic wash water into Myra Creek. Testing of samples collected by ECCC enforcement officers confirmed that the wash water was deleterious (harmful) to fish. Depositing or permitting the deposit of a deleterious substance into water frequented by fish is a violation of the Fisheries Act. |