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Case summary: |
On May 10, 2014, Enforcement officers were notified of a release of what appeared to be hog manure into Conjuring creek near Calmar, Alberta.
Officers conducted an inspection at the property, which they later determined was owned and operated by Shooters Hill Livestock Inc. The officers observed black liquid in a lagoon, a broken culvert, and black liquid covered in white foam flowing away from the culvert and entering a creek. The liquid obscured the natural state of the creek and turned the downstream portion black. The effluent smelled of manure. Manure contains substances such as ammonia, elevated pH, and organics which create oxygen demand, and is a substance deleterious to fish. Samples were collected to determine the chemical composition of the black liquid and to assess its toxicity to fish using multi-concentration rainbow trout acute lethality tests. The samples determined the effluent was lethal to fish even at the lowest concentration of 6.25%. Officers also observed black water further downstream and collected numerous dead fish from the creek.
In the subsequent investigation, officers determined that Shooters Hill Livestock was transferring liquid hog manure from a lagoon it was emptying into what was formerly a clean water lagoon for holding purposes. The clean water lagoon had a rotating culvert installed, which collapsed while the transfer was unsupervised, causing liquid hog manure to flow from the lagoon down a draw into Winding Creek and subsequently into Conjuring Creek, which caused a fish kill. A provincial fisheries expert provided a report that concluded Conjuring Creek is very important to the fisheries in the North Saskatchewan River, the release was during spawning season, the chemistry analysis indicates it was toxic to fish, fry, and eggs, and that fisheries management actions were being taken to mitigate the expected reduction in fish populations from the affected 2014 spawning class.
Charges were recommended against Shooters Hill Livestock Inc. and its sole director on July 30, 2015. One count of an alleged violation of subsection 36(3) of the Fisheries Act was laid against Shooters Hill Livestock Inc. and its sole director on August 7, 2015. The charge against the director was subsequently withdrawn as part of the plea agreement.
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Charges: |
Count 1: That Shooter’s Hill Livestock Inc., on or between May 10 to May 12, 2014, at or near the Town of Calmar 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 subsection 36(3) of the Fisheries Act, R.S.C., 1985, c. F-14, as amended, and thereby did commit an offence under subsection 40(2) of the said Act.
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