ST. JOHN'S, Newfoundland, February 20, 2007 -- Colin Lester, a St. John's farmer, pleaded guilty in Provincial Court yesterday to charges of violating subsection 36(3) of the Fisheries Act. The charges resulted from a May 2005 release of liquid cattle manure from the farm's storage lagoon into the South Brook in St. John's, NL.
The deposit of nutrient-rich runoff is a major problem facing urban streams in Canada. South Brook is part of the urban river system of St. John's and is a common habitat for brown trout. Nutrient-rich runoff, including liquid manure, causes excessive plant growth, which leads to oxygen depletion in streams and potentially the death of fish.
The Fisheries Act prohibits the deposit of deleterious substances in fish-bearing waters, or in a place or under any condition where a deleterious substance may enter fish bearing waters. Liquid manure is known to be deleterious to fish.
A provincial court judge has ordered Mr. Lester to pay a fine of $300 and to contribute $3,700 to the federal government's Environmental Damages Fund.
This conviction was based on information uncovered in an investigation by Environment Canada's Environmental Enforcement Division, Atlantic Region, and was initiated as a result of a complaint by a local citizen. Charges were laid against Mr. Lester on March 11, 2006.
The Environmental Damages Fund was created in 1995 to provide courts and companies with an option to direct that monetary penalties and settlements be invested for the repair of the actual harm done to the environment. It helps ensure the polluter pays principle is applied and that polluters take responsibility for their actions. The money in the Fund is allocated to local organizations, who often find various partners to contribute additional money and other resources to magnify the benefits of projects undertaken with the funds.
Environment Canada's enforcement staff investigates alleged offences under the Canadian Environmental Protection Act, 1999 and the Fisheries Act, in order to ensure that companies, government employees and the general public comply with legislation and regulations that protect Canada's environment.
For further information, please contact:
Neil Codner
Environmental Enforcement Division, Atlantic
Environment Canada
(709) 772- 2065
