CIMCO Refrigeration - conviction information for 2019-06-21
| Corporation name: | CIMCO Refrigeration |
|---|---|
| Address: | 1095 Cliveden Avenue |
| City: | Delta |
| Province/territory: | British Columbia |
| Postal code: | V3M 6G9 |
| Country: | Canada |
| Sector or industry: | 238 - Specialty trade contractors |
| Location of offense: | Vancouver, British Columbia |
|---|---|
| Case summary: |
On September 15, 2014 EED was informed through EMBC that there was a report of ammonia odour at an outfall that connects to Booming Ground Creek which is located in Pacific Spirit Regional Park (Metro Vancouver Park) on September 12, 2014. EED followed up with UBC and Metro Vancouver Parks and it was identified that that the source of ammonia was from a refrigeration plant for Thunderbird Arena at the University of British Columbia. It was stated that CIMCO Refrigeration was conducting maintenance and connected a hose to an ammonia tank to purge ammonia vapours into water. The water in contact with ammonia was then directly discharged to a storm drain at the arena. When UBC Risk Management Services became aware of the discharge they directed the contractor to stop discharging the water to the storm drain. The storm drain flows directly to an outfall that leads to Booming Ground Creek and then to the Fraser River. Metro Vancouver Park Rangers were at the outfall with the Vancouver Fire Department HAZMAT and RCMP where the ammonia odour was reported to be observed by a citizen on September 12, 2014. EED obtained samples collected by Park Rangers and the HAZMAT team. Park Rangers also informed EED that they observed dead fish in Booming Ground Creek and that the level of ammonia in the water tested by HAZMAT was 65ppm with a pH of 10. It was determined that the concentration of ammonia in the water was acutely lethal and deleterious to fish. The ammonia discharge killed approximately 70 juvenile fish, including Coho salmon, in Booming Ground Creek. |
| Charges: |
On or about the 12th day of September, 2014 AD, at or near the City of Vancouver in the Province of British Columbia, did unlawfully deposit a deleterious substance in water frequented by fish to wit: ammonia laden water to Booming Ground Creek which leads to the Fraser River, contrary to section 36(3) of the Fisheries Act, thereby committing an offence pursuant to section 40(2) of the said Act.
On or about the 12th day of September, 2014 AD, at or near the City of Vancouver in the Province of British Columbia, did unlawfully fail to notify an inspector, a fishery officer or an authority prescribed by the regulations of the deposit of a deleterious substance to water frequented by fish to wit: ammonia laden water to Booming Ground Creek which leads to the Fraser River, contrary to section 38(5) of the Fisheries Act, thereby committing an offence pursuant to section 40(3)(c) of the said Act. |
| Enforcement notification: | University of British Columbia fined $1.2 million and CIMCO Refrigeration fined $800,000 for the 2014 release of ammonia-laden water into a tributary of the Fraser River |
| Result: | Guilty Plea |
|---|---|
| Date of conviction: | 2019-06-21 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
|
| Additional details about the nature of the offense: |
|
| Act | Regulations | Section(s) |
|---|---|---|
| Pollution Prevention provisions (subsection 36(3)) of the Fisheries Act |
| Date of sentencing: |
2019-06-21 |
|---|---|
| Location of sentencing: | Richmond, BC |
| Sentence(s): |
|
| Amount of fine(s): | $800,000 |
| Sentencing details: |
The 21st, June, 2019, before the Provincial Court of Richmond, British Columbia, the corporation CIMCO Refrigeration has pleaded guilty of depositing a deleterious substance into waters frequented by fish; and was sentenced to paying a fine of $800,000 to the “Receiver General of Canada in trust to the Environmental Damages Fund”. The court recommended $400,000 be paid to the Pacific Salmon Foundation and $400,000 be paid to the Rivershed Society of British Columbia to be used for the purpose of conservation of fish and/or restoration of fish habitat.
|