Black Lake Denesuline First Nation - conviction information for 2021-04-16
| Corporation name: | Black Lake Denesuline First Nation |
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| Address: | |
| City: | Black Lake |
| Province/territory: | Saskatchewan |
| Postal code: | S0J 0H0 |
| Country: | Canada |
| Sector or industry: | 2213 - Water, sewage and other systems |
| Location of offense: | Black Lake, Saskatchewan |
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| Case summary: |
On February 3, 2016, Enforcement Environment Directorate (EED) of the Environment and Climate Change Canada (ECCC) was notified by the Saskatchewan Ministry of the Environment (MOE-SK) that a raw sewage release was occurring in the community of Black Lake, Saskatchewan. MOE-SK Conservation Officers were able to take a sample of the raw sewage. Black Lake Denesuline Nation, who own and operate the sanitary sewer system, did not notify an inspector as required under the Fisheries Act of this release.
The operator of the water treatment plant and sanitary sewer system was contacted and confirmed that a release did occur from the manhole near Black Lake. The sewage lines near the manhole had frozen and was not discovered until the operator overloaded the system when he conducted a backwash of the water treatment plant. The operator indicated this was the third time this line froze that winter and the third release as well. Black Lake Denesuline Nation did not report this spill or the other two previous spills.
On February 16, 2016, Prince Albert Grand Council on behalf of Black Lake Denesuline First Nation submitted a written report indicating that 86,000 litres of raw sewage was released to Black Lake.
ECCC reviewed the Saskatchewan Spill folder for the years between 2009 and 2017. There had been four spills reported in the community of Black Lake. There were no spills reported for the year 2016 of the raw sewage release. Due to a sewer line blockage from a manhole #17 to the main lift station, which caused raw sewage to back up and release at the lowest point, manhole #14. Manhole #14 is 30 metres away from Black Lake and 330 metres away from the community’s raw water intake. The report details that 86, 000 litres of raw sewage was released.
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| Charges: |
Count 1—Fisheries Act 36(3): Deposit deleterious substance
Count 2—Fisheries Act 38(5): Fail to Notify Inspector of a release
Count 3—Fisheries Act 38(6): Fail to take corrective measures |
| Enforcement notification: | Black Lake Denesuline First Nation fined under the Fisheries Act for failing to report a spill |
| Result: | Guilty Plea |
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| Date of conviction: | 2021-04-16 |
| 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) |
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| Pollution Prevention provisions (subsection 36(3)) of the Fisheries Act | 38 (5) |
| Date of sentencing: |
2021-04-16 |
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| Location of sentencing: | La Ronge, Saskatchewan |
| Sentence(s): |
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| Amount of fine(s): | $10,000 |
| Sentencing details: |
On the 5th day of February 2020, Black Lake Denesuline First Nation pleaded guilty to failing to notify an inspector. As a part of an early resolution, counts 1 and 3 were stayed.
On the 16th day of April 2021, before La Ronge Provincial Court, in La Ronge, Saskatchewan, the Black Lake Denesuline First Nation was convicted of:
One count of violation of subsection 38(5) of the Fisheries Act.
On the same day, Black Lake Denesuline Nation was ordered to pay a total of $10,000.00 in fines payable to the Government of Canada’s Environmental Damages Fund by the 31st day of March 2023 as well as a court order consisting of the following :
- Complete an emergency response plan including spill reporting measures to deal specifically with sewage spills or other water and wastewater emergencies by the 31st day of December 2021;
- Develop and implement a preventative maintenance plan based on industry-accepted standards for the potable water treatment system and wastewater treatment systems infrastructure by the 31st day of December 2021; and
- Publish the facts relating to the commission of the offence; in a northern paper such as the Northern Pride out of Meadow Lake by the 1st day of June 2021. |