23/03/2005 - Akzo Nobel
Chemicals Ltd. appeared in Saskatoon Provincial
Court today, and pleaded guilty to one charge
of violating subsection 36(3) of the federal
Fisheries Act. An additional charge against
former plant manager Grant E. J. Flory was
stayed.
The charge was laid by Environment Canada
following an incident on August 10, 2002,
when over 1400 litres of Redicote C-2914 were
spilled into the plant’s effluent system and
later discharged to the South Saskatchewan
River. The spill was caused by the unsupervised
loading of a truck at the Saskatoon plant.
Redicote C-2914 is used in the application
of asphalt.
The company was sentenced to a total penalty
of $80,000, including a fine of $10,000 and
a payment of $70,000 to the Environmental
Damages Fund for research, studies, habitat
or fisheries enhancement work along the South
Saskatchewan River.
In addition, a court order was issued requiring
the company to improve their material safety
data sheets and employee training for Redicote
C-2914, and to share this information with
other Akzo plants. It is also anticipated
that Akzo Nobel Chemicals Ltd. will spend
approximately $1.4 million on its effluent
system in order to comply by December 31,
2005, with an Inspector’s Direction issued
by Environment Canada under the Fisheries
Act.
Subsection 36(3) of the Fisheries Act protects
fish-bearing waters from the deposit of any
substance that is deleterious or harmful to
fish and aquatic life.
First offences under subsection 36(3) of
the Fisheries Act are punishable by a fine
of up to $300,000 for each offence. Subsequent
offences are punishable by a fine of up to
$300,000, a term of imprisonment of up to
six months, or both.
The Environmental Damages Fund, administered
by Environment Canada, serves as a special
holding or trust account to manage funds received
as compensation for environmental damage.
The purpose of any contribution to the Fund
is to allow money to be directed towards future
projects that contribute to the remediation
of damages to the environment in a cost effective
way and to deter other parties from causing
damage in the future.
Environment Canada investigates alleged offences
under the Fisheries Act and the Canadian Environmental
Protection Act, 1999, in order to ensure compliance
with legislation and regulations that protect
the Canadian environment.