February 9, 2017 by John Nicholson
The Clearwater River Dene Nation, the Clearwater Store, and band administrator, Walter Hainault, were recently sentenced in the Provincial Court of Saskatchewan after pleading guilty to failing to comply with an environmental protection compliance order (EPCO) issued by Environment and Climate Change Canada (ECCC). The Clearwater River Dene Nation was fined $100,000; Clearwater Store was fined $25,000; Walter Hainault was fined $5,000.
The EPCO was issued following an inspection at the store to verify compliance with the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations. Charges were laid under the Canadian Environmental Protection Act, 1999 after the EPCO failed to bring about full compliance with the Regulations.
EPCOs are issued under the Canadian Environmental Protection Act, 1999 by ECCC enforcement officers to direct that various measures be taken to stop or to prevent the commission of an alleged contravention of the Act or its regulations.
The purpose of the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations (SOR, 2008-197) is to reduce the risk of contaminating soil and groundwater due to spills and leaks of petroleum products and allied petroleum products from storage tank systems. The regulations establish technical standards for the design and installation of storage tank systems, and include requirements for operation, maintenance, removal, reporting and record-keeping.
The fines collected will be directed to the Environmental Damages Fund. The Environmental Damages Fund (EDF) follows the Polluter Pays Principle to help ensure that those who cause environmental damage or harm to wildlife take responsibility for their actions. The EDF is a specified purpose account, administered by ECCC, to provide a mechanism for directing funds received as a result of fines, court orders, and voluntary payments to priority projects that will benefit our natural environment.