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Quarterly Compliance and Enforcement Summary QUARTERLY COMPLIANCE AND ENFORCEMENT SUMMARY October 1, 2008 to December 31, 2008 Highlights for the 4th Quarter of 2008 The 4th Quarterly Compliance and Enforcement Summary for 2008 outlines 3 Orders, 76 Administrative Sanctions, 647 Tickets and 10 Court Convictions for a combined total of over $311,000 in fines. Notable highlights for the Quarter: After the release of a large plume of sulphur dioxide (SO2) gas sent several people to the hospital in 2006, an investigation by the Commercial Environmental Investigations Unit resulted in a guilty plea from Marsulex Inc. to two charges under section 120 (7) of the Environmental Management Act . Marsulex Inc. was penalized $150,000 and was ordered to pay $148,000 of that penalty to the Habitat Conservation Trust Foundation. The maximum fine under section 120 (7) of the Environmental Management Act is $300,000 or imprisonment for not more than six months, or both. See page 30 fdtilfor details. Owners of a ranch in Big Creek, BC were convicted on five counts under the Wildlife Act and fined a combined total of $13,310 for charges related to the illegal killing of wildlife on their property. In an unprecedented ruling, the court also ordered Robert, Buck and Shane Russell to undertake an Environmental Farm Planning process including a haystack yard fencing project, the decommissioning of a landfill site and the establishment of ministry approved mortality pits – these farm husbandry measures are designed to mitigate future encounters with wildlife on the property. Of the $13,310 in fines, $9,800 was awarded to the Grizzly Bear Trust Fund and a further $2,300 was awarded to the Habitat Conservation Trust Foundation to address wildlife and habitat priorities in the area. Also noted in this Quarter are orders issued to the owners of Worthington Mackenzie Pulpmill and a Langley mushroom farm to address non-compliance issues. Ministry staff use of a variety of compliance tools, giving consideration to using the most appropriate tool necessary to obtain compliance, and when required, to promote general deterrence. Orders are issued under the authority of the various ministry statutes when action is required to prevent or stop actual or potential impact to the environment, human health or safety. Quarterly Compliance and Enforcement Summary October 1, 2008 to December 31, 2008 Page 2 of 31 Table Of Contents Table of Contents Orders………………….………………………………………………………….04 Administrative Sanctions (Licensing actions under the Wildlife Act) Section 24………………….………………………………………………….05 Section 61………………….………………………………………………….08 Section 85………………….………………………………………………….09 Tickets..……………………………….…………………………………………. 11 Convictions………………….……………………………………………………. 30 Cross Reference Guide………………….………………………………….…..31 Quarterly Compliance and Enforcement Summary October 1, 2008 to December 31, 2008 Page 3 of 31 Orders ISSUED TO LOCATION ACT REG. SECTION DESCRIPTION 0382498 B.C. Ltd. & 0834921 Mackenzie Environmental Management Act 77 An Information Order was issued requiring the facility to ensure proper shutdown and/or B.C. Ltd. winterization measures be taken to minimize the potential for pollution on the site. The order set out D.b.a. Worthington the following requirements: 1) prepare plans describing the orderly extended shutdown and Mackenzie Pulpmill winterization plans to maintain the works; 2) procedures, monitoring and operating practices of the effluent treatment system; 3) landfill management plans, including clean up, covering and monitoring; 4) plans for removal and proper storage prior to removal of solvents, waste oil, anti- freeze, batteries and other hazardous materials; 5) plans for removal and/or storage of raw materials, process waste from decommissioning of boilers, tanks and vessels; 6) plans describing how the chemical bulk storage facilities are to be secured and monitored during plant shutdown and disposal [including existing chlorine dioxide inventory]; 7) plans for appropriate site security measures to protect its integrity and to prevent vandalism; and 8) a description of human resource needs for implementing safe and effective plans and procedures for shutdown and/or winterization. A-1 Mushroom Substratum Langley Environmental Management Act 81 A Pollution Prevention Order was issued after a site inspection revealed that agricultural and Ltd., Farmers' Fresh compost waste was entering the environment. The company was ordered to: 1) immediately Mushrooms Inc., and H. V. eliminate the production causing leachate at this site; 2) prevent all leachate and other waste water Troung Ltd. from entering secondary containment of the "brown water" holding tank; 3) prevent all agricultural and composting waste including leachate and contaminated storm water from entering the environment directly; 4) remove all accumulated liquid and solid wastes and dispose of it in an acceptable manner; 5) retain a qualified environmental professional to prepare a remediation action plan for the site, including: a) detailed description of how the above requirements (1 - 4) have been met, b) impact assessment on the soil, groundwater and surface water, c) assessment of the adequacy of the waste treatment system, and d) detailed summary of all the disposal activities at the property; and 6) prior to continuing with and/or commencing any operation of the mushroom composting and growing activities, the ministry must be satisfied and acknowledge in writing that the facilitiy is in compliance with all the requirements of the Mushroom Composting Pollution Prevention Regulation and the Agricultural Waste Control Regulation . Grand Eagle Investment Ltd. Victoria Water Act 88(1)(d) An Engineer's Order was issued to address non-compliance with a ground water well, which may and 448708 B.C. Ltd. pose a safety hazard to the public and potential risk of contamination to the aquifer. The owners were ordered to: 1) close the well in accordance with the standards for well closure, described in the Ground Water Protection Regulation ; and 2) notify the ministry of the closure, including photographs of works completed. Quarterly Compliance and Enforcement Summary October 1, 2008 to December 31, 2008 Page 4 of 31 Administrative Sanctions Angling, hunting or firearm licence cancellations against individuals (s. 24 Wildlife Act) ISSUED TO LOCATION ACT REG SECTION PENALTY VIOLATIONS PROMPTING LICENSING ACTION Ehlers, Brent Penticton Firearm Act 9(1); 2 years hunting licence Discharge, carry, possess loaded firearm in vehicle; Wildlife Act 8/99 7(1) cancelation/suspension and must Fail to immediately cancel species licence. successfully re-take CORE Hrkac, Jozo Sorrento Fisheries Act SFR 57(a) 1 year angling licence Catch and retain more than the aggregate daily quota for wild and (Canada) cancelation/suspension hatchery rainbow trout John, Ronald Clearwater Wildlife Act 32(2); 2 years hunting licence Unlawful possession of dead wildlife; 38; cancelation/suspension and must Fail to provide information to officer; 340/82 16.01(a) successfully re-take CORE Fail to comply with condition-hunting licence Clark, Douglas Merritt Wildlife Act 26(1)(c) 1 year hunting licence Hunt, take, trap, wound wildlife not within the open season cancelation/suspension and must successfully re-take CORE Beaumont, Gordon Fort St John Wildlife Act 26(1)(d) 4 years hunting licence Hunt during prohibited hours cancelation/suspension and must successfully re-take CORE Erlendson, Shawn Fort Nelson Wildlife Act 26(1)(c); 2 year hunting licence Hunt wildlife not within the open season; 38 cancelation/suspension and must Fail to provide information to an officer successfully complete CORE Plunkett, Darryl Fort Nelson Wildlife Act 26(1)(c); Director's decision: must Hunt wildlife not within the open season; 75 successfully re-take CORE Failing to report the killing of wildlife for protection Dzaman, Wayne Barriere Wildlife Act 26(1)(c); 3 years beyond a 2 year automatic Hunt, take, trap, wound wildlife not within the open season; 8291)(c) cancelation/ suspension and must Make false statement info in book, record, report, etc. successfully re-take CORE Buhler, Levi Golden Wildlife Act 33(2) 1 year automatic hunting licence Unlawful possession of dead wildlife cancelation/suspension for 2nd conviction in 2 years Clark, David Merritt Wildlife Act 33(2) 1 year hunting licence Unlawful possession of dead wildlife cancelation/suspension and must successfully re-take CORE Buhler, Levi Invermere Wildlife Act 33 (2) 1 year Automatic Hunting licence Unlawful possession of dead wildlife cancelation/suspension for 2nd conviction in 2 years Quarterly Compliance and Enforcement Summary October 1, 2008 to December 31, 2008 Page 5 of 31 Administrative Sanctions Angling, hunting or firearm licence cancellations against individuals (s. 24 Wildlife Act) ISSUED TO LOCATION ACT REG SECTION PENALTY VIOLATIONS PROMPTING LICENSING ACTION Penno, Jerrett Golden Wildlife Act 33(2) 1 year automatic hunting licence Unlawful possession of dead wildlife cancelation/suspension for 2nd conviction in 2 years Barnes, Barry Kamloops Wildlife Act 33(2); 13 years and 6 months hunting Unlawful possession of dead wildlife (2 counts); 82(1)(c); (and LEH) licence cancelation/ Make false statement info in book, record, report, etc.(2 counts); 8291(d) suspension and must successfully Make false statement to an officer when required to provide complete CORE information Hoffman, Trevor Terrace Wildlife Act 37 Court ordered prohibition from Transport wildlife in province contrary to regs fishing anywhere in the province
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