TRURO - Companies convicted of polluting Nova Scotia's waterways can expect to face "substantially higher" fines than a local company just received, a top judge says.
Casey Concrete Ltd., was ordered to pay $25,000 in fines and environmental rehabilitations fees for polluting waterways in Colchester and Pictou counties over an undetermined period.
But in reluctantly accepting a joint sentencing recommendation from Crown and defence attorneys, Chief Justice Patrick Curran issued notice that future convictions will not be treated as lightly.
"My immediate reaction upon reading the joint submission was that it was ... at the very low end of what I would consider to be an appropriate fine for this sort of activity and the circumstances that were described in the agreed statement of facts, specifically in the statement that employees in the company were not trained whatsoever in relation to this, they basically didn't know what they were doing and, secondly, this didn't stop immediately upon the initial finding of extremely high pH levels that were coming from either plant," Curran said.
"This company and others should be placed on notice that if similar circumstances were to come up again, there would be substantially higher fines. Substantially higher."
Court heard that following a public complaint in September 2006, an Environment Canada inspection of Casey's Truro plant found lethally high pH levels in McClure's Brook from the concrete wash water which was being dispensed in municipal storm sewer system, which leads to the brook. The wash water was the result of the drums on the concrete trucks being washed out at the end of each shift.
Samples taken from the brook were found to cause "total mortality" in rainbow trout samples tested by Environment Canada scientists.
Later that month, further testing from discharges at the company's Trenton plant showed similar lethal readings for the aquatic life in Pictou Harbour.
And those practices continued, even after management at each site was ordered by Environment Canada to stop discharging the wash water into waterways, according to information contained in an agreed statement of facts presented to the court.
"Throughout their dealings with Casey Concrete," the statement said, it was evident to Environment Canada that employees were not properly trained as to the acceptable levels of pH for effluent."
The maximum fine for such offences is $300,000 federal Crown Attorney Ronda Vanderhoek told the court.
Curran said he accepted the joint recommendation in part because of an early guilty plea provided by the company and because it was Casey Concrete's first such conviction.
The company has since implemented processes to address Environment Canada's concerns.
The company was fined $5,000 for each location and was ordered to pay $5,000 toward the water and habitat restoration in McClure's Brook and $10,000 toward similar restoration in Pictou Harbour.
Stiff fines can be expected by companies that pollute waterways
- Published on Febuary 20th, 2009
- Published on December 31st, 2009
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Staff ~ Transcontinental Media
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Comments
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- Billybob
- - January 18th, 2010 at 13:37:48
Joe, you must be kidding me? If a pulp mill in BC let 1 million gallons of effluent go into a major waterway, there would be criminal charges filed. Having a pipeline means inspecting the piping to ensure leaks do not happen, which was not done until after the first spill and then again after the second spill. The piping has a nice bandaid on it now which of course may last however the rest of the piping will soon start sprouting leaks as well. Scott, Kimberly, Neenah and Northern have gotten away for far too long dumping effluent into the Northumberland Straight with the Nova Scotia Department of the Environment (another joke) standing by and watching and even taking over the operation of polluting our waterways. You would not see this type of operation even in third world countries... The industry is teetering on bankrupcy because prices for market pulp have dropped off the map and companies have used this industry as a cash cow with little or no reinvestment when times were good... You need to start reading more Joe so that you know what is going on outside your little comfortable bubble... Perhaps if you were one of the hundreds of people fighting cancer due to pollution from Northern Pulp and NSPI you would have a different opinion on widespread pollution...
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- Edmund
- - January 18th, 2010 at 13:30:21
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But hey! Keep up the trash talk joe, you're doing far more to project a negative image of your employer than I evedr could! (or your Dad's employer, as I have a hard time believing you've worked a day yet!) -
- Joe
- - January 18th, 2010 at 13:28:54
Nice blurb billybob. Uneducated, but interesting. Market pulp prices have not dropped off the map. Better look again at NBSK trends. And look at the Canadian dollar as well. I've forgotten more than you'll ever know about this industry boy. Enjoy paying for the pipeline shutdown.
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- Joe
- - January 18th, 2010 at 13:16:10
Northern Pulp was not fined because the employees were trained what to do and the mill was shut down.
But here's the real kicker Edmund - because the shutdown and repairs cost so much, Northern Pulp is teetering on bankruptcy (as the entire industry is). So guess where the money is going to come from to keep the mill running? The province, aka taxes, aka YOU Edmund. rotflmfao. Thanks for your contribution, I'll spend it wisely.
I'm sure you can clean your backside without tissue, but it'll cost you in underwear.lol -
- Billybob
- - January 18th, 2010 at 13:09:53
Facts are facts and polluters will eventually be held to task regardless if it is Casey Concrete which in my opinion are extremely minor polluters with not enough money to pay for PR people and lawyers or NSPI, Northern Pulp or East River Abatement spewing sewage directly into Pictou Harbour everytime we have a downpour. I am confident that this issue will come up again and again and years from now our grandchildren will be thoroughly disgusted with our environmental demeaner and hopefully we will have a zero emissions standard as exists in the panelboard industry in the USA now (coming to Canada when we finally have an environmental conscience). The good news is that if you work in the mill Joe, chances are pretty good you will be the first to have health effects from your employment... natural selection at work!
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- bill
- - January 18th, 2010 at 13:05:40
It is a shame that, if true, Northern Pulp is facing bankruptcy as Joe from Nova Scotia has revealed in his post. HOWEVER, any suggestions that Federal and/or Provincial funding be 'invested in Northern Pulp must be rebuffed vigoriously by all taxpayers as this situation has the Sydney Steel fiasco written all over it. The Governments must stop adding insult to injury by propping up industrial polluters.
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- Billybob
- - January 18th, 2010 at 12:54:15
Joe, For someone who contends they understand the northern bleached softwood kraft market and environmental management, you have quite a few of your facts dead wrong. You had better check the market price trend as it has taken a sharp turn downwards from all time highs to a level not seen for two years which has happened in the past few months. I welcome you to do a simple internet search for facts. In fact your largest customer, New Page Port Hawkesbury has had three weeks downtime in the past 6 weeks as the SCA market has also dropped dramatically. You would pretend that Northern Pulp is an environmental steward when it is common knowledge to anyone with an IQ over 80 that this clearly is not the case... just drive through Pictou Landing or visit the treatment ponds which used to be a series of 5 beautiful lakes with yearly salmon runs before being destroyed by the previous, previous, previous regime. I am all for people having employment, but not at the expense of the environment and the general populations health. And you say you have forgotten more than I know??? Go back to your single kraft mill and pretend you know about the world of pulp mills moron...
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- Edmund
- - January 18th, 2010 at 12:40:27
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How much was the stinking pulp mill fined for their multiple dumps into the East river? Talk about a polluter I'd like to see the backside of...
And don't worry, joe, we'll figure out a way to clean our backsides without you! -
- Joe
- - January 18th, 2010 at 12:36:20
Trenton Works is dead. Get over it. The market is flooded with railcars and labour is cheap in Mexico. It's over. And when other business possibilities were brought up, all you heard was whining. If all you want is railcars, all you will get is nothing. And Trenton Works isn't an eyesore, is it? Trenton Works is far more important? Wait until you see how much money leaves this community if Northern Pulp goes under.
No trash talk here Edmund, just the facts son. -
- Joe
- - January 18th, 2010 at 12:21:57
Lillian, thank you again. Allow me to straighten this clown out one more time and I am finished with this.
BB. I know the prices because we watch them everyday. You have no understanding of the relationship between price and the Canadian dollar. Back to school for you boy.
Stora is now our largest customer? They must be awfully nice people, because somebody else in the USA is paying for our pulp. Try again son.
It's quite clear you have no idea about that which you think you do. Don't like pollution. eh? But I'll bet you have a house full of bleached paper products, don't you. -
- Edmund
- - January 18th, 2010 at 12:21:19
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If we're going to utilize tax dollars to revitalize an industry, let's vote to have that money go to folks who really deserve it - Trenton Works.
It's a far more important company to this county than that ridiculous eyesore on Abercrombie Point. -
- Lillian
- - January 18th, 2010 at 12:09:21
BillyBob,what part of this story is about Northern Pulp?
it's people like you that start imaginary tales in this world when it doesn't have any bearing on the subject at hand,if you want to relate your professional knowledge about Pulp and Paper-go on Dr.Phil and sob on his shoulder not ours -
- Lillian
- - January 18th, 2010 at 12:07:25
is this story about Nortern Pulp,or Casey Concrete?
do any of you know how little this fine actually is,a slap on the wrist,even the Judge admitted he was amazed at the special deal worked out between the Crown and the Defense,hell 10 grand wouldn't even come close to the smallest part of rehabilitation required for any remediation along a waterway,the fine should have been a minimum of a million dollars,don't flout the workers,tackle the owners who know they did wrong!!!!!! -
- Joe
- - January 18th, 2010 at 11:44:39
You are quite right Lillian. Let's stick to the topic. The owners won't care until they wind up in jail. They need safeguards in place (as at Northern Pulp), where once a leak is identified, immediate action is taken to correct the situation, regardless of cost. ....
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- Joe
- - January 18th, 2010 at 11:42:27
Proper thing. If you don't train your employees what to do in case of an emergency, and don't stop the process, you deserve to have the book thrown at you.
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- Joe
- - January 18th, 2010 at 11:40:27
The government has treated businesses like cash cows for too long. Taxing them into the red. It's high time that money was given back. Big polluter? Hey, you're the problem bill, you keep buying the products, from NSP to Northern Pulp. Time to look in the mirror before you start crying foul.
