Catalyst Paper Corporation - conviction information for 2015-12-08
| Corporation name: | Catalyst Paper Corporation |
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| Address: | 2nd Floor, 3600 Lysander Lane |
| City: | Richmond |
| Province/territory: | British Columbia |
| Postal code: | V7B 1C3 |
| Country: | Canada |
| Sector or industry: | 322 - Paper manufacturing |
| Location of offense: | Powell River Mill, 5775 Ash Avenue, Powell River, British Columbia |
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| 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) For the September 18th release, the counts consist of: -2 counts for violating Subsection 36(3) of the Fisheries Act (deposit of deleterious substance) |
| Enforcement notification: | Catalyst Paper fined $200,000 for deposit of untreated pulp and paper effluent |
| Result: | Guilty Plea |
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| Date of conviction: | 2015-12-08 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
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| Additional details about the nature of the offense: |
| 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) |
| Date of sentencing: |
2015-12-08 |
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| Location of sentencing: | Powell River, British Columbia |
| Sentence(s): |
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| 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. |