Wabush Mines - conviction information for 2016-12-16
| Corporation name: | Wabush Mines |
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| Address: | PO Box 3000 |
| City: | Wabush |
| Province/territory: | Newfoundland and Labrador |
| Postal code: | A0R 1B0 |
| Country: | Canada |
| Sector or industry: | 212 - Mining and quarrying (except oil and gas) |
| Location of offense: | Scully Mine, Wabush, Newfoundland and Labrador |
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| Case summary: |
On May 25, 2015, Wabush Mines notified Environment Canada that a deposit of effluent with a TSS concentration of 34 mg/L had occurred at the Knoll Lake – Final Discharge Point (FDP) on May 5, 2015. The TSS concentration exceeded the authorized limit of 30 mg/L under the MMER. On June 4, 2015, Cliffs Natural Resources submitted the 30 day report for the May 5, 2015 occurrence as per the reporting requirements under the MMER. Based on a review of that report, an Acute Lethality sample was not collected from the FDP until May 27, 2015, contrary to the requirements of the MMER to conduct an acute lethality “without delay” when a deposit occurs out of the normal course of events. Approximately 335,000 L of effluent were released during the event |
| Charges: |
2 under Section 78 of Fisheries Act Count 1 On or between May 14, 2015 and May 25, 2015, at or near the Town of Wabush, in the Province of Newfoundland and Labrador, following a deposit out of the normal course of events, at the final discharge point known as Knoll Lake, failed to conduct an acute lethality test without delay, in violation of paragraph 14(1)(b) of the Metal Mining Effluent Regulations, SOR/2002-222, and did thereby commit an offence contrary to section 78 of the Fisheries Act, R.S.C., 1985, c. F-14. Count 2 On or about May 14, 2015 and continuing until May 25, 2015, at or near the Town of Wabush, in the Province of Newfoundland and Labrador, following the receipt of laboratory test results indicating that the limit for Total Suspended Solids in effluent set out in Schedule 4 of the of the Metal Mining Effluent Regulations, SOR/2002-222, had been exceeded, at the final discharge point known as Knoll Lake, failed to notify an inspector without delay, in violation of subsection 24(1) of the Metal Mining Effluent Regulations, SOR/2002-222, and did thereby commit an offence contrary to section 78 of the Fisheries Act, R.S.C., 1985, c. F-14. |
| Enforcement notification: | Mining company must pay penalty for Fisheries Act violations at Wabush Mines |
| Result: | Guilty Plea |
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| Date of conviction: | 2016-12-16 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
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| Additional details about the nature of the offense: | Failure to collect Acute Lethality Samples following a release of a deleterious substance and (2) Failure to inform an officer without delay |
| Act | Regulations | Section(s) |
|---|---|---|
| Pollution Prevention provisions (subsection 36(3)) of the Fisheries Act | Metal Mining Effluent Regulations | 14(1), 24(1) |
| Date of sentencing: |
2016-12-16 |
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| Location of sentencing: | Wabush, NL |
| Sentence(s): |
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| Amount of fine(s): | $30,000 |
| Sentencing details: |
On December 16, 2016, before the Provincial Court of Newfoundland and Labrador in Wabush, NL, Wabush Mines pleaded guilty to failing to collect an acute lethality sample following the deposit of a deleterious substance and failing to inform an officer without delay of the occurrence contrary to s. 14(1) and s. 24(1) of the Metal Mining Effluent Regulations; and was sentenced to pay a fine of $5,000 ($2,500 per count) and contribute $25,000 ($12, 500 per count) to the Environmental Damages Fund.
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