Red Deer company pleads guilty to failing to comply with approval
Portion of penalty to fund water monitoring in Red Deer River.
The Provincial Court of Alberta has handed Permolex Ltd. a $150,000 penalty after the company pled guilty to two counts of failing to comply with approval conditions under the Environmental Protection and Enhancement Act.
The court heard that the first offence occurred at the company’s ethanol, gluten and flour processing plant in Red Deer in July 2007 and relates to the release of industrial wastewater into the city’s storm sewer system, which eventually leads to the Red Deer River. The second charge is for failing to install air pollution control equipment in violation of the company’s operating approval.
The penalty includes a creative sentencing project that directs $100,000 to the City of Red Deer to benefit the municipality and area residents. The City will direct the funds to the Red Deer River Storm Water Project which will monitor storm water entering the Red Deer River and creek tributaries, determine the impact of storm water on the river, analyze the river's capacity to handle pollutants, and develop methods to reduce impacts. The remaining $50,000 penalty will be paid as a fine.
Creative sentencing provides the court with a range of sentencing options in addition to fines or imprisonment that address the harm caused by an offence and the prevention of future offences.
Alberta courts have had access to creative sentencing provisions since 1993, with the proclamation of the Environmental Protection and Enhancement Act. Since then, other pieces of provincial legislation such as the Water Act, Forest & Prairie Protection Act, Occupational Health & Safety Act, and the Public Lands Act have also adopted similar creative sentencing provisions.
To view Alberta Environment and Water’s recent compliance and enforcement actions, visit http://environment.alberta.ca/0942.html.
Media inquiries may be directed to:
Environment and Water
To call toll free within Alberta dial 310-0000.