et rep Ete aur | June 6, 1986 News 985-2131 at td; 383 ae Avenue, was:slapped with the’fine’ Wednes- day by: North’ Vancouver: provin- - _ chal Court:-Judge J:K: Shaw. “Maximum: fine’ for, those found : ‘guilty under “section 33 Q) of the . Fisheries Act is $50,000. I aking: his® decision, “Judge “Shaw. said he" was satisfied that the ygompany was aware the substance ‘dumped down a private storm B.C. MINISTRY. of the Environ- ment.” conservation’: officer Doug Adolph...“‘hopefully ‘the outcome will convince other industries on the North Shore and everywhere to examine carefully their disposal practices.'". He said Epsilon continued discharging pollutants into . the creek despite concerns of area citi- zens and despite being warned July 1985 by the District of North Vancouver water sewer superin- tendent.that-the dumping should be stopped ‘‘because Fisheries wouldn't like it.” ARGUMENT DISMISSED Judge Shaw dismissed Epsilon’s argument as specious that the substance dumped into the creck, on Ke ‘Classified 986-6222 Circulation 986-1337 28 pages 25¢ By TIMOTHY RENSHAW 7 "News Reporte: RESYN. 3456; was” not - - harmfu when diluted in the creek water: : -” He ruled that section 33 (2) of . _the Fisheries Act, under which the - company was charged, prohibits. the ~ dumping ~ of “'deleterious- substances in water frequented by fish, and controls what ed tothe water; : "rath nea was originally charge in January following ° a ‘six-mont _ investigation into a July 30, 1985, _ chemical spill in Lynn Creek. . *;; The spill -was witnéssed by’ B.C: * Ministry of; Environment : conser- . ~ vation officer. Doug Adolph, who “was in the area’ following up- in- vestigations into a July 9 spill of toxic materials into the creek. After the original charge was laid, Epsilon president: Alvise Buz- . _zaccrini said the substance poured © sand and cellulose from Epsilon’s regular equipment wash-offs. TOXIC ACETATE ’. Evidence introduced during the trial identified the substance spilled July 30 as a mixture of toxic polyviny! acctate resin used by Ep- silon to make stucco. In tests conducted. by the ministry, 10 fish introduced into samples of the resin died within 20 minutes. In an interview following the decision, Adolph said evidence in- dicated the dumping had been car- ried out on a weekly basis. He estimated the July 30 spill to be 25 gallons. Adolph said he was pleased that the ministry had been successful in prosecuting the case: ‘‘Hopefully the outcome will convince other industries on the North Shore and everywhere 10 examine | carefully their disposal practices.”