Catalyst Paper Corporation - conviction information for 2015-12-08

Corporation details
Corporation name: Catalyst Paper Corporation
Address: 2nd Floor, 3600 Lysander Lane
City: Richmond
Province/territory: British Columbia
Postal code: V7B 1C3
Country: Canada
Sector or industry: 322 - Paper manufacturing
Case details
Location of offense: Powell River Mill, 5775 Ash Avenue, Powell River, British Columbia
Case summary:

On September 4, 2012, during a power outage where some equipment mis-operated and other equipment was known to be broken, 3,500,000 litres of untreated mill effluent was released into the Malaspina Strait, which is part of the Pacific Ocean. The mill failed to collect samples at the two outfalls that it knew were discharging.

On September 18, 2012, when power was lost to a substation due to a line trip, the substation released 100,000 litres of untreated effluent into the Malaspina Strait, due to a piece of equipment that was known to be broken. The mill failed to collect a sample from the outfall that was discharging.

The deposit of effluent occurred on September 14, 2014, during a power loss. 252,000 litres of primary treated effluent mixed with secondary treated effluent was released to the Malaspina Strait. The release consisted of 34,000 litres of primary effluent and 218,000 litres of secondary effluent.

Catalyst paper failed to collect a grab sample as soon as possible from the outfall to which the deposit occurred and failed to subject the samples to the required tests.

Charges:

For the September 4th release, the counts consist of:

- 5 counts for violating Subsection 36(3) of the Fisheries Act (deposit of deleterious substance)
- 2 counts for violating Paragraph 32(3)(a) of the Pulp and Paper Effluent Regulations (Failing to collect a grab sample).
- 2 counts for violating Subparagraph 32(3)(a)(i) of the Pulp and Paper Effluent Regulations (Failing to subject sample to Reference Method EPS 1/RM/13 for rainbow trout.
- 2 counts for violating Subparagraph 32(3)(a)(ii) of the Pulp and Paper Effluent Regulations (Failing to subject sample to Reference Method EPS 1/RM/14 for Daphnia.
- 2 counts for violating Subsection 120(7) of the Environmental Management Act. (Fail to comply with permit.)

For the September 18th release, the counts consist of:

-2 counts for violating Subsection 36(3) of the Fisheries Act (deposit of deleterious substance)
- 1 count for violating Paragraph 32(3)(a) of the Pulp and Paper Effluent Regulations (Failing to collect a grab sample).
- 1 count for violating Subparagraph 32(3)(a)(i) of the Pulp and Paper Effluent Regulations (Failing to subject sample to Reference Method EPS 1/RM/13 for rainbow trout.
- 1 count for violating Subparagraph 32(3)(a)(ii) of the Pulp and Paper Effluent Regulations (Failing to subject sample to Reference Method EPS 1/RM/14 for Daphnia.

Enforcement notification: Catalyst Paper fined $200,000 for deposit of untreated pulp and paper effluent
Conviction
Result: Guilty Plea
Date of conviction: 2015-12-08
Court level: Provincial and Territorial Court
Nature of offense(s):
  • Allowed the deposit of a deleterious substance
Additional details about the nature of the offense:
Legislative details
Act Regulations Section(s)
Pollution Prevention provisions (subsection 36(3)) of the Fisheries Act Pulp and Paper Effluent Regulations s.36(3), s.32(3)
Sentencing
Date of sentencing: 2015-12-08
Location of sentencing: Powell River, British Columbia
Sentence(s):
  • Fine,
  • Penalty for the EDF
Amount of fine(s): $200,000
Sentencing details:

Catalyst Paper, operating in Powell River, was fined $200,000 in British Columbia Provincial Court on December 8, 2015, after pleading guilty to offences under the Fisheries Act related to the deposit of a deleterious substance into water frequented by fish.

The offences stem from two releases of untreated pulp and paper effluent. On September 4, 2012, 3,500,000 litres of effluent were released into the Malaspina Strait, located near the City of Powell River. Another release of 100,000 litres occurred on September 18, 2012. The investigation determined that the first release was due to a power loss and the second was due, in part, to a broken check valve.

In addition, on September 14, 2014, Catalyst Paper failed to collect samples from a deposit that contained deleterious substances above limits authorized under the Pulp and Paper Effluent Regulations, which is also in contravention of the Fisheries Act.

On November 20th, 2015, Catalyst agreed to plead jointly to the files:

Counts 1 and 14 as listed below (deposit a deleterious substance);

Count 11 listed below (Fail to collect a sample).

Count 1 On or about the 4th day of September, 2012, at or near 5775 Ash Avenue, at or near the City of Powell River, in the Province of British Columbia, did unlawfully deposit or permit the deposit of a deleterious substance, to wit: mill effluent, into water frequented by fish, to wit: Malaspina Strait, contrary to section 36(3) of the Fisheries Act and did thereby commit an offence in violation, of section 40(2) of the Fisheries Act.

Count 11 On or about the 14th day of September, 2014, at or near 5775 Ash Ave, at or near the City of Powell River, in the Province of British Columbia, being an operator of a mill, did unlawfully fail as soon as possible in the circumstances to collect a grab sample from the outfall structure through which a deposit out of normal course of events occurred, to wit: Outfall #1, contrary to 32(3)(a) of the Pulp and Paper Effluent Regulations and did thereby commit an offence in violation of section 40(3)(a) of the Fisheries Act.

Count 14 On or about the 18th day of September, 2012, at or near 5775 Ash Avenue, at or near the City of Powell River, in the Province of British Columbia, did unlawfully deposit or permit the deposit of a deleterious substance, to wit: mill effluent, into water frequented by fish, to wit: Malaspina Strait, contrary to section 36(3) of the Fisheries Act and did thereby commit an offence in violation of section 40(2) of the Fisheries Act.

Of the $200,000 fine, $185,000 will be directed to the Government of Canada’s Environmental Damages Fund. 

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