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Slocan Valley woman seeks to file Fisheries Act charges over fuel spill
Neither the federal or provincial government has moved against owner of a tanker truck that spilled jet fuel into Lemon Creek
BY PETER O'NEIL, VANCOUVER SUN OCTOBER 2, 2014
STORYPHOTOS ( 1 )
Slocan Valley woman seeks to file Fisheries Act charges over fuel spill
A tanker carrying 35,000 litres of jet fuel is shown after it crashed into Lemon Creek, about 60 kilometres north of Castlegar, on July 27, 2013. Most of the fuel spilled into the creek.
Photograph by: Benjamin Jordan , THE CANADIAN PRESS
“The number of deceased fish is likely higher than the numbers physically removed by crews deployed during the emergency response,” the report noted.
Of the 32,850 litres spilled, just 2,150 litres were recovered by a vacuum truck. Response teams removed 1,600 tonnes of contaminated soil along with 20 tonnes of “contaminated absorbent material and vegetation,” according to SNC-Lavalin.
The report said that jet roughly a third of the jet fuel likely evaporated within 24 hours of the spill, and the rest within nine to 12 days.
But Langer said he visited the site several months after the spill and could smell the fuel 30 metres from the creek.
Provincial New Democrat MLAs blasted Environment Minister Mary Polak in the legislature in May, saying that jet fuel is still being found in the creek, while residents who have suffered financial losses haven’t been compensated.
“So much for ‘polluter pays,’” scoffed Kootenay West MLA Katrine Conroy.
Polak said that while the government still believes strongly in the “polluter pay” principle, she couldn’t comment on compensation issues due to civil lawsuits filed by community members who claim they suffered damages.
“I know that this has been just an awful experience for the community in and around Lemon Creek,” she added.
“I can’t say enough about the community members and especially organizations like the Slocan River Streamkeepers and how they have participated and worked with us as a ministry. There is ongoing monitoring taking place and ongoing remediation.”
Calgary lawyer Martin Ignasiak said private prosecutions under the Fisheries Act are usually stayed by the Attorney General’s office. Often Crown prosecutors will consider whether the accused can successfully defend the charge by claiming they undertook reasonable “due diligence” at the time of the incident.
“Some of the issues that might be taken into consideration in that type of scenario is, ‘why was the person on that road and at whose direction, and was the road properly maintained or not?’”
poneil@postmedia.com
Twitter.com/poneilinottawa
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Neither the federal or provincial government has moved against owner of a tanker truck that spilled jet fuel into Lemon Creek
BY PETER O'NEIL, VANCOUVER SUN OCTOBER 2, 2014
STORYPHOTOS ( 1 )
Slocan Valley woman seeks to file Fisheries Act charges over fuel spill
A tanker carrying 35,000 litres of jet fuel is shown after it crashed into Lemon Creek, about 60 kilometres north of Castlegar, on July 27, 2013. Most of the fuel spilled into the creek.
Photograph by: Benjamin Jordan , THE CANADIAN PRESS
“The number of deceased fish is likely higher than the numbers physically removed by crews deployed during the emergency response,” the report noted.
Of the 32,850 litres spilled, just 2,150 litres were recovered by a vacuum truck. Response teams removed 1,600 tonnes of contaminated soil along with 20 tonnes of “contaminated absorbent material and vegetation,” according to SNC-Lavalin.
The report said that jet roughly a third of the jet fuel likely evaporated within 24 hours of the spill, and the rest within nine to 12 days.
But Langer said he visited the site several months after the spill and could smell the fuel 30 metres from the creek.
Provincial New Democrat MLAs blasted Environment Minister Mary Polak in the legislature in May, saying that jet fuel is still being found in the creek, while residents who have suffered financial losses haven’t been compensated.
“So much for ‘polluter pays,’” scoffed Kootenay West MLA Katrine Conroy.
Polak said that while the government still believes strongly in the “polluter pay” principle, she couldn’t comment on compensation issues due to civil lawsuits filed by community members who claim they suffered damages.
“I know that this has been just an awful experience for the community in and around Lemon Creek,” she added.
“I can’t say enough about the community members and especially organizations like the Slocan River Streamkeepers and how they have participated and worked with us as a ministry. There is ongoing monitoring taking place and ongoing remediation.”
Calgary lawyer Martin Ignasiak said private prosecutions under the Fisheries Act are usually stayed by the Attorney General’s office. Often Crown prosecutors will consider whether the accused can successfully defend the charge by claiming they undertook reasonable “due diligence” at the time of the incident.
“Some of the issues that might be taken into consideration in that type of scenario is, ‘why was the person on that road and at whose direction, and was the road properly maintained or not?’”
poneil@postmedia.com
Twitter.com/poneilinottawa
« Previous 1 2 View as one page Next »
© Copyright (c) The Vancouver Sun
E-mail this Article
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Read more: http://www.vancouversun.com/news/me...s+over+fuel/10257247/story.html#ixzz3F6N9bQtD
