Corner Brook Pulp and Paper has changed its plea to guilty and will find out June 30 how much an accidental spill of a caustic soda solution in October 2007 will cost the (Newfoundland & Labrador) company’s coffers.
David Eaton, the mill’s lawyer, changed the plea when the matter was called before Judge Wayne Gorman in provincial court in Corner Brook Friday morning (June 11).
In an agreed statement of facts submitted to the court by Eaton and Crown attorney Mark Steers, Gorman was told about 7,400 litres of a solution of 50 per cent caustic soda — also known as sodium hydroxide, a substance harmful to fish — was spilled onto a paved area of the mill property. The substance then flowed into a storm sewer system and ultimately ended up in the Humber Arm.
The spill was reported to Environment Canada, as required under the Pulp and Paper Effluent Regulations and the federal Fisheries Act and steps were taken to recover the spilled substance and clean up the site.
After an investigation, the company was charged under the Fisheries Act with depositing a deleterious substance into waters frequented by fish.
The court was told the spill was the result of a mistake made by an experienced pipe-fitter who worked at the mill. The employee told investigators he had not received any specific instruction from his supervisor relating to the type of couplings which were supposed to connect the hose from a tanker trailer which was being used to temporarily supply caustic soda to the mill’s steam plant while the company’s permanent caustic soda storage tank was undergoing an inspection and preventative maintenance.
The worker used aluminum fittings, which are susceptible to corrosion from exposure to caustic soda, instead of the recommended stainless steel fittings to make the temporary connection. The aluminum fittings failed, resulting in the spill.
The statement of facts also said the aluminum and stainless steel fittings were both stored in the same boxes, and were not marked in a manner which enabled staff to distinguish them.
In addition, there were no berms or other secondary containment measures in place around the temporary tank in the event of an accidental release.
There was no evidence of any fish being harmed as a result of this spill and the caustic soda solution would have been neutralized by the Humber Arm’s sea water.
In his submission on sentencing, Steers recommended a fine of $75,000. He asked Gorman to break down that amount into a $10,000 fine plus $65,000 to be contributed to an environmental damages fund established by Environment Canada.
The fund is set up to ensure polluters are held responsible for their actions and gives the courts a mechanism to order money to go directly to projects which restore natural resources, preferably in the areas where the offence occurred. The money could also be spent on research and development projects or educational initiatives with mandates to assess damage, prevent pollution or restore affected natural areas.
Steers said the fine has to be large enough to achieve deterrence and not be so small that the company would simply consider it the cost of doing business.
Eaton, meanwhile, said this accident was a one-time event that was the result of a mistake and not the result of an ongoing series of practices which violated environmental regulations. He asked Gorman to fine the company no more than $25,000, with anything exceeding $5,000 to be contributed to an environmental fund.
Eaton also provided Gorman with a letter from ACAP Humber Arm, a Corner Brook-based environmental organization which carries out projects in the immediate area of the mill. ACAP asked that it be considered as a recipient if any court-ordered money is to be directed towards a local environmental project.
Corner Brook Pulp and Paper has one prior conviction for an environmental offence. It was fined $500,000 and ordered to pay an additional $250,000 to environmental programs in relation to its late compliance with new environmental legislation regarding pulp and paper effluent back in 1996.
The Western Star
