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B.C.: Charges Laid In Connection With Pennask Creek Pollution |
| July 7, 2004 |
Source: Vancouver Aquarium Marine Science Centre
 | Pennask Creek is one of British Columbia’s most important trout-bearing streams and provides brood stock for all southern interior British Columbia lakes.
Photo: Phil Edgell | The British Columbia Ministry of Transportation appeared in British Columbia Provincial Court this week, charged with ten counts of permitting the deposit of a deleterious (harmful) substance into fish-bearing waters.
The charges, laid by Environment Canada, stem from the construction of Highway 97C, the Okanagan Connector, from 1987-1990. Environment Canada alleges that the exposure of a high pyrite rock formation near Pennask Summit during the construction has resulted in significant Acid Rock Drainage, which caused metal from the rock to leach and discharge into an unnamed tributary to Pennask Creek.
Pennask Creek is one of British Columbia’s most important trout-bearing streams and provides brood stock for all southern interior British Columbia lakes. The annual value in fish production for this system is estimated at $30,000,000.
The charges were laid under subsection 36(3) of the Fisheries Act, which prohibits any person from “depositing or permitting a deposit of a deleterious substance into waters frequented by fish.” First offenses under subsection 36(3) are punishable by a fine up to $300,000. Subsequent offenses are punishable by a fine up to $300,000, a term of imprisonment not exceeding six months, or both.
Environment Canada investigates alleged offences under the Canadian Environmental Protection Act, 1999 and the Fisheries Act, in order to ensure compliance with legislation and regulations that protect the Canadian environment.
A date for a future court appearance is pending.
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