Panther Industries Inc. - conviction information for 2015-07-28
| Corporation name: | Panther Industries Inc. |
|---|---|
| Address: | 12061-32 Street NE |
| City: | Edmonton |
| Province/territory: | Alberta |
| Postal code: | T6S 1G8 |
| Country: | Canada |
| Sector or industry: | 339 - Miscellaneous manufacturing |
| Location of offense: | 12061-32 Street NE, Edmonton, Alberta |
|---|---|
| Case summary: | Panther Industries (Alberta) Inc. at the time of the offence was located at 12061- 32 Street NE, Edmonton, Alberta. Their site contained six 100,000 litre storage tanks for hydrochloric acid (HCL). On December 9, 2012 a sight glass on one of the tanks broke, allowing HCL from two connected tanks to flow into a berm surrounding the tanks. The total release of HCL was 150,000 litres. Approximately 40, 000 of these litres overflowed the secondary containment. Approximately 5000 litres of HCL entered a nearby unnamed creek. The HCL that reached the creek turned the creek water for approximately 1.5 km to pH levels of one or two. This level of pH killed all aquatic life in the 1.5 km of creek, including fish and invertebrates. |
| Charges: |
Count 1
On or about December 9, 2012, at or near the City of Edmonton, in the Province of Alberta, did deposit or permit the deposit of a deleterious substance of any type in water frequented by fish or in any place under any conditions where the deleterious substance or any other deleterious substance that results from the deposit of the deleterious substance may enter any such water in violation of 36(3) of the Fisheries Act and thereby committed an offence under subsection 40(2) of the Fisheries Act. Count 2 On or about December 9, 2012, at or near the City of Edmonton, in the Province of Alberta, failed, where there occurred an environmental emergency, to as soon as possible in the circumstances take all reasonable measures consistent with the protection of the environment and public safety to prevent the environmental emergency, or to repair, reduce or mitigate any negative effects on the environment or human health or health that resulted from or may reasonably be expected to result from it, contrary to subsection 201(1)(b) of the Canadian Environmental Protection Act, 1999, and thereby committed an offence under subsection 272(1)(b) of the said Act. Count 3 On or about December 9, 2012, at or near the City of Edmonton, in the Province of Alberta, did not have an environmental emergency plan which included the factors listed in subsection 4(3) of the Environmental Emergency Regulations thereby committing an offence under subsection 271.1(1)(f) of the Canadian Environmental Protection Act, 1999. |
| Enforcement notification: | $375,000 penalty for Panther Industries for spill |
| Result: | Guilty Plea |
|---|---|
| Date of conviction: | 2015-07-28 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
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| Additional details about the nature of the offense: |
• Allow the release of a deleterious substance. • Fail to take all reasonable emergency measures to prevent or repair, reduce or mitigate any negative effects on the environment, in accordance with s. 201 of the Canadian Environmental Protection Act, 1999. • Fail to have an emergency plan in accordance with section 4(3) of the Environmental Emergency Regulations. |
| Act | Regulations | Section(s) |
|---|---|---|
| Canadian Environmental Protection Act, 1999 (CEPA) | Environmental Emergency Regulations | 201(b), 4(3) |
| Pollution Prevention provisions (subsection 36(3)) of the Fisheries Act | 36(3) |
| Date of sentencing: |
2015-07-28 |
|---|---|
| Location of sentencing: | Edmonton, Alberta |
| Sentence(s): |
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| Amount of fine(s): | $375,000 |
| Sentencing details: |
Not available
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