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Comparative Index of Environmental Sentences

Prepared by James L. Miglin


Commonwealth Judicial Education Institute
August 2005

Offence Category Offence Category

Unlawful Destruction of Habitat – Environment Damage.………………….. 2 Transportation – Unlawful Transportation of Dangerous Goods……59
Unlawful Destruction of Habitat – Fisheries…………………………………. 3 Transportation – Unlawful Transportation of Waste………………… 59
Failure to Comply with Administrative Orders………………………………... 4 Waste Disposal – Unlawful Disposal of Waste (General)……………60
Failure to Obtain Consent or Administrative Orders………………………… 5 Waste Disposal – Unlawful Disposal of Asbestos…………………….65
Failure to Register with Administrative Body………………………………… 6 Waste Disposal – Unlawful Disposal of Hazardous Waste…………..66
Failure to Report Incident or Information……………………………………… 7 Waste Disposal – Disposal Without a License………………………...68
Fishing – General Offences………............................................................... 8 Waste Disposal – Marine Disposal……………………………………...68
Fishing – Contravention of License…………………………………………….12 Waste Storage – Unlawful Storage of Waste…………………………..69
Fishing – Exceeding Limits/Quota ……………………………………………. 14 Waste Storage – Unlawful Storage of Hazardous Waste……………..70
License Offences – Contravention of Terms/Conditions of a License…….. 16 Wildlife Offences – Unlawful Hunting……………………………………71
Obstruction of a Fisheries Officer……………………………………………… 19 Unlawful Import/Export of Fish…………………………………………...72
Pesticide Offences – Unlawful use of a Pesticide……………………………..19 Unlawful Import/Export of Hazardous Waste…………………………...73
Pollution – General Offences…………………………………………………….21 Unlawful Import/Export of Ozone Depleting Substances……………...74
Pollution – Air………………………………………………………………………22 Unlawful Import/Export of Plant Life……………………………………..75
Pollution – Marine………………………………………………………………….25 Unlawful Import/Export of Wildlife………………………………………..76
Pollution – Water…………………………………………………………………..34 Unlawful Sale of Goods…………………………………………………...78
Providing False or Misleading Information……………………………………...57 Miscellaneous……………………………………………………………...78

1
The Unlawful Destruction of Habitat - Environment

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence* Court Orders Notes

Ordered to fence the land in


Removed approx 3000
Australia Fisheries FMA s.205(2) - harming marine accordance with the agreed
2002 Verna Wall (3) mangrove trees from Crown $5,441 Guilty plea.
(NSW) Management Act vegetation in a protected area specifications; Prosecution costs
land.
ordered.
Supreme Court set up a
Lime-stone quarries were
committee to inspect the
Union of India polluting the environment, Writ Petitions Nos. 8209 & 8821
Public Interest quarries and eventually ordered
India 1988 (Dehradun causing ecological imbalance of 1983 under article 32 of the Court Order
Litigation all but three closed. Court also
Valley) (11) and destruction of forest and Constitution of India.
ordered the area to be
rivers.
reforested.
One of the mines permitted
to operate after the Dehradun
Vijay Shree Public Interest Fine paid to fund the Monitoring
India 1991 Valley litigation - misused the $82,500
Mines (13) Litigation Committee.
permission and disregarded
directions.
Open-cast mining for
Ordered mines within the park to
Union of India limestone and marble in a
Public Interest stop operation; mines outside
India 1993 (Sariska Case) tiger sanctuary without Court Order
Litigation the park had 4 months to get
(13) permission from the
permission or cease operation.
government.
Guilty plea. Fine
Cleared native trees and
New Resource RMA - s.9 Restrictions on use reduced from
1994 Halliday (16) vegetation, main area – 100 2 $1,783 Court costs ordered.
Zealand Management Act of land. $2,674 on
m x 2 m.
appeal.
Fine of $295
2 months quashed on
New Resource
1995 Reynolds (16) Destruction of cedar. Not specified. "periodic appeal; new
Zealand Management Act
detention" sentence
imposed.
Clearing native plants; site
New Resource RMA - s.9 Restrictions on use No fine imposed on one of the
1997 Applegath (16) works; diversion or 4 $6,625
Zealand Management Act of land four charges.
modification of water course.

*
All fines, payment and costs are given in US dollars as calculated using the average exchange rate for the year of the decision. See page 82.

2
The Unlawful Destruction of Habitat - Fisheries

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Work that results in the Fine reduced


Canada 2001 Basso (7) Fisheries Act harmful alteration, disruption FA - s.35(1) $9,691 from $12,922 on
or destruction of fish habitat. appeal.
Work that results in the
Barkley, James
Canada 2003 Fisheries Act harmful alteration, disruption FA - s.35(1) $2,149
Barton (7)
or destruction of fish habitat.
Barkley Work that results in the
Canada 2003 Enterprises Inc. Fisheries Act harmful alteration, disruption FA - s.35(1) $3,582
(7) or destruction of fish habitat.
Fox Harb’r Work that results in the
Canada 2004 Development Fisheries Act harmful alteration, disruption FA - s.35(1) $138,654 Guilty plea.
Limited (7) or destruction of fish habitat.

New Resource RMA - s.13 Restrictions on


1998 Hitchman (16) Excavation a stream bed. $537
Zealand Management Act beds of rivers/lakes.

New Resource RMA - s.13 Restrictions on


1998 Fugle (16) Excavation of bed of stream. 6,446 Court costs ordered - $1,343
Zealand Management Act beds of rivers/lakes.

Haines House Disturbance of foreshore by


New Resource RMA - s.12(1) destroy/damage
2000 Removals Ltd barge while removing a 2 $12,363
Zealand Management Act foreshore or seabed
(16) house.
Airey Permitting a structure in the $1,263 for expert witness costs,
New Resource
2001 Consultants Ltd bed of a river contrary to a RMA - s.338 $2,290 as well as court costs and
Zealand Management Act
(16) consent order. solicitor fees.

Failure to Comply with Administrative Orders

3
Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Protection of the Failed to comply with a


Australia Kenneth Martin
2003 Environment prevention notice issued to POEO Act - s.97 $6,202 Prosecution costs ordered.
(NSW) Graham (1)
Operations Act him pursuant to s.96.
Protection of the Failed to comply with an
Australia Andrew Evan
2005 Environment order made following a Contempt of court. $38,525 Prosecution costs ordered.
(NSW) Thaler (1)
Operations Act conviction under the POEO.

Canada Shipping No response organization


Canada 2004 Vesttind (F/V) (8) CSA - s.660.2(2)(b) $2,311
Act agreement in place.

Used land as a pig farm in


New Resource RMA - s.338 Breach of an 6 months Sentence suspended under
1994 McCollum (16) contravention of an order of
Zealand Management Act enforcement order. incarceration Criminal Justice Act order.
the Planning Tribunal.

New Resource Breach of enforcement order, RMA - s.338 Breach of an


1995 Wilson (16) 2 100 hours 100 hours of community service.
Zealand Management Act pruning of pigeon wood. enforcement order.

Contravention of abatement Fine reduced


New Resource RMA - s.338 Breach of an
1995 Horo (16) notice requiring defendant to $493 Order to clean yard. from $656 on
Zealand Management Act abatement order.
tidy property, remove junk. appeal.
Fine reduced
Contravention of abatement from $1,376 on
New Resource RMA - s.338 Breach of an
1996 Prokes (16) notice requiring removal of $688 appeal; order
Zealand Management Act abatement order.
junk. for costs
quashed.
Drilling water bores without Reduced on
Kiwi Well Drilling complying with conditions of appeal from
New Resource
1996 Company Limited resource consent (11) and 20 RMA - s.338 $12,044 Court costs ordered - $8602 $91,186 plus
Zealand Management Act
(16) without applying/obtaining a costs of
permit (9). $14,910.
Drilling water bores without
Reduced on
Smith - director complying with conditions of
New Resource appeal from
1996 of Kiwi Well a resource consent (11) and 20 RMA - s.338 $5,162 Court costs ordered $5,162.
Zealand Management Act $27,528 plus
Drilling (16) without applying/obtaining a
costs of $9,175.
permit (9).

4
Fine reduced
New Resource RMA - s.338 Breach of an
1998 Zeitler (16) $2,686 from $5,372 on
Zealand Management Act enforcement order.
appeal,
Disobeying court orders
William Victor
New Resource requesting him to cease 3 months
2004 George Conway
Zealand Management Act polluting and for other incarceration
(18)
offences.

Failure to Obtain Consent or Administrative Orders

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Failed to obtain pollution


Australia Byron Shire control approval for the Prosecution costs ordered -
2001 Clean Waters Act CW Act - s.19 $15,546
(NSW) Council (1) construction of a leachate $2,098
evaporation pond.
Failed to obtain the proper
JTA Real Estate The Toxic Criminal
United disclosure forms regarding TSCA s.2615 - knowingly
2002 Brokerage and Substances 7 $40,000 36 months probation prosecution.
States the presence of lead paint violates.
Property (28) Control Act Guilty plea.
and lead contaminated dust.
Owner of JTA Failed to obtain the proper
The Toxic $40,000 Criminal
United Real Estate disclosure forms regarding TSCA s.2615 - knowingly
2002 Substances 7 15 months 36 months probation prosecution.
States Brokerage and the presence of lead paint violates.
Control Act incarceration Guilty plea.
Property (28) and lead contaminated dust.

Failure to Register with Administrative Body

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

5
Failed to register with the EA
for a compliance scheme; to
Producer Responsibility
United Clifford recover and recycle a Prosecution costs ordered -
2005 Environment Act 7 Obligations (Packaging Waste) $16,704 Guilty plea.
Kingdom Packaging (25) specified tonnage of $1,815
Regulations
packaging waste; prove the
targets had been met.
Guilty plea -
Producer Responsibility
United British Ceramic Failing to register under Prosecution costs ordered - brought their
2005 Environment Act Obligations (Packaging Waste) $6,496
Kingdom Tile Ltd. (25) waste packaging regulations. $3,925 non-compliance
Regulations
to EPA.
Failing to register as a
producer of packaging and
Producer Responsibility
United for failing to meet its Prosecution costs ordered -
2005 Cine-UK Ltd. (25) Environment Act 2 Obligations (Packaging Waste) $9,280 Guilty plea.
Kingdom requirements to recover and $2,761
Regulations
recycle packaging waste
during 2001.
Failure to register following a
Brady Producer Responsibility
United merger and failing to take Prosecution costs ordered -
2005 Corporation Ltd Environment Act 2 Obligations (Packaging Waste) $11,136 Guilty plea.
Kingdom reasonable steps to recover $3875
(25) Regulations
and recycle packaging waste.
Failed to register how much
packaging it was using; fell
Design short of recovery and EA s.95 and Producer
United Prosecution costs ordered -
2005 Objectives Environment Act recycling targets; failed to 6 Responsibility Obligations $9,280 Guilty plea.
Kingdom $2,967
Limited (25) furnish a Certificate of (Packaging Waste) Regulations
Compliance; saving over
$3,839.

Failure to Report Incident or Information

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

6
$10,104 to the Credit Valley
Conservation Authority for
Failure to provide information
Akzo-Nobel Canadian watershed restoration.
as required on an New Substances Notification
Canada 1999 Chemicals Ltd Environmental $40,416 $10,104 to an industry
manufactured/imported Regulations
(9) Protection Act association for training its
NDLS substance.
members on complying with the
NSNR.
Canadian Failure to provide information
Ocean Selector New Substances Notification $10,777 is to go to a court order
Canada 1999 Environmental on imported/manufactures $13,472
Fisheries Ltd. (9) Regulations for environmental purposes.
Protection Act substance <20 kg.

Canadian Russian vessel failed to Pollutant Discharge Reporting


Canada 2004 Olga F/V (8) $15,406
Shipping Act report discharge of oil. Regulations

Canadian Russian vessel failed to Pollutant Discharge Reporting


Canada 2004 Olga F/V (8) $7,703
Shipping Act report discharge of oil. Regulations

Failed to arrange for a


Canadian response organization to
Canada 2004 Olga F/V (8) CSA - s.660.2(2)(b) $2,310
Shipping Act which a certificate of
designation had been issued.
Failed to fill out daily/monthly
New Vaughn Nigel
2003 Fisheries Act catch or harvest return forms Not specified. $4,014 $4,014 in fines and costs. Guilty plea.
Zealand Curtis (17)
for approx 20 trips.
TCP Company - Hired Parsons to demolish Criminal
United CAA - s.7413(c)(2)(B) - fails to
1999 formerly Grant Clean Air Act their old factory (See Howard 1 $1,350,000 60 months probation. prosecution.
States notify or report.
Paper (28) Bradley Parsons case). Guilty plea.

7
Fishing Offences - General

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Illegally trapped eels in the


Australia Individual Fisheries Mann River; using an Ordered to forfeit his boat and
2003 4 $1,893
(NSW) Defendant (3) Management Act unlicensed boat to take fish pay court costs.
for sale.

Australia Individual Fisheries Using an illegal trawling net; Boat and the catch were
2003 $5,222
(NSW) Defendant (3) Management Act 500 kg of fish were seized. forfeited.

Two Individuals
Australia Fisheries Caught using an illegal prawn
2003 (3) $3,786
(NSW) Management Act trawling net.

Australia Two Individuals Fisheries Caught using two illegal gill


2003 $261 Ordered to forfeit his boat.
(NSW) (3) Management Act nets.

Illegally possessing a
Australia Individual Fisheries
2003 commercial fishing net; $2,938 Forfeit fishing boat.
(NSW) Defendant (3) Management Act
possessed undersized fish.
Illegally possessing 154 set
Australia Individual Fisheries Ordered to pay court costs of
2003 lines, four gill nets and 20 $4,243
(NSW) Defendant (3) Management Act $114
fish.
Multiple offences around
illegal fishing for abalone -
Australia Kyuong Chang Fisheries Fisheries Management Prosecution costs ordered -
2005 exceeded quotas; size limits; 8 $12,328
(NSW) Kim Management Act (General) Regulation $15,410
shucking adjacent to waters;
license; obstruction etc.
Possession of undersize
abalone and lobsters,
Australia Individual Fisheries
2005 exceeding the bag limit for 3 $6,164
(NSW) Defendant (3) Management Act
abalone, and for taking
lobsters with a spear.

8
Possession of undersized
Australia Individual Fisheries
2005 lobsters and obstructing DPI 2 $2,412
(NSW) Defendant (3) Management Act
fisheries officers.
Illegally taking fish, catching
Murray cod during the closed
Australia Gregory John Prosecution costs ordered -
2004 Fisheries Act season and two counts of 4 $1,106
(VIC) Douglas (4) $1,769
using commercial fishing
equipment.
10 months of sentence
Trafficking a commercial $163
Australia Phat Van Pham suspended. Ordered to forfeit his
2003 Fisheries Act quantity of abalone; giving a 15 months Guilty plea.
(VIC) (4) diving equipment and not to
false address. incarceration
possess abalone for 10 years.
Alegria, Juan
Coastal Fisheries Unlawful entry into Canadian
Canada 1987 (See Mayah, CFPA - s.7 $18,860 Appeal denied
Protection Act fisheries waters.
Antonio) (7)
Alegria, Juan
Coastal Fisheries Unlawful fishing in Canadian
Canada 1987 (See Mayah, CFPA - s.3 $22,632 Forfeit $94,300
Protection Act waters.
Antonio) (7)
Mayah, Antonio
Coastal Fisheries Unlawful entry into Canadian
Canada 1987 (See Alegria, CFPA - s.7 $15,088 Appeal denied
Protection Act fisheries waters.
Juan) (7)
Mayah, Antonio
Coastal Fisheries Unlawful fishing in Canadian
Canada 1987 (See Alegria, CFPA - s.3 $22,632 Forfeit $94,300
Protection Act waters.
Juan) (7)
Braun, Darrell $3,368 under s.79 of the
Gordon (See Fishing in a prohibited area Pacific Fishery Regulations - Fisheries Act "profit stripping"
Canada 1999 Fisheries Act $8,083
Sandover-Sly) for a prohibited species. s.63 provision. Forfeit catch and
(7) diving equipment.
Sandover-Sly,
Richard & Fishing in a prohibited area Pacific Fishery Regulations - Costs of $471. Forfeit boat &
Canada 1999 Fisheries Act $4,715
Sheila (See for a prohibited species. s.63 equipment.
Braun, G.) (7)
Mark,
Fishing with prohibited gear $28,303 under s.79 of the
Kelvin (See Pacific Fishery Regulations -
Canada 2000 Fisheries Act for a prohibited species 6 $30,325 Fisheries Act "profit stripping"
Landmark s.30
during a closed time. provision. Forfeit catch.
Fishing Ltd.) (7)

9
Landmark Fishing with prohibited gear $28,303 under s.79 of the
Pacific Fishery Regulations -
Canada 2000 Fishing Ltd. (See Fisheries Act for a prohibited species 6 $30,325 Fisheries Act "profit stripping"
s.30
Mark, Kelvin) (7) during a closed time. provision.
Burgess,
Fishing in a prohibited area Pacific Fishery Regulations –
Canada 2001 Philip P&S Fisheries Act $9,186
for a prohibited species. s.63
Fisheries Ltd. (7)
Fishing with prohibited gear $11,469 under s.79 of the
Vogelaar, John Pacific Fishery Regulations -
Canada 2002 Fisheries Act for a prohibited species $11,788 Fisheries Act "profit stripping"
Franklin (7) s.30
during a closed time. provision.

Perry, Michael Coastal Fisheries Unlawful fishing for sedentary


Canada 2003 CFPA - s.4 $17,910 Forfeit catch.
(7) Protection Act species – Crab.

Had a lobster trap aboard his Nine prior convictions under the
Hudson, Lowell FA - s.25(1) Atlantic Fisheries 5 months
Canada 2004 Fisheries Act boat and set some in the Fiserhies Act. Sentence upheld
Ralph (7) Regulations s.57(1)(c) incarceration
water during closed season. on appeal.
Wildlife Protection An Honduran vessel, the
Act; Aquaculture “Captain Hanks”, was caught
Inland and Marine fishing illegally in Jamaican $23,100
WPA - s.6 possession of an Ordered the catch, equipment
Jose Maguera Products and By- waters for conch and lobster. and/or 6
Jamaica 2002 2 endangered species; AIMPBA - and vessel forfeited to the
(14) Products Jose Maguera was the months
operating a factory vessel. Crown.
(Inspection captain. They were in incarceration
Licensing & possession of an endangered
Export) Act species - hawkbill turtle
Jason Olin was the Chief
Mate of the "Captain Hanks" $2,100 or six
Wildlife Protection WPA - s.6 possession of an
Jamaica 2002 Jason Olin (14) which was caught in months
Act endangered species.
possession of an endangered incarceration
species - a hawkbill turtle.
Neil Abraham
Court costs of $1,395 and
New Cleaver and four Multiple charges under FA and
2004 Fisheries Act 63 $25,587 $1,329 in solicitors' fees. Forfeit
Zealand members of his Fisheries Regulations.
two fishing vessels.
family. (17)
Iakopo Faatau FA - s.233(1) obtain a benefit Proceeds, vehicle and the paua
New Selling 857.9 kilograms of 6 12 months
2005 and Moevao Neti Fisheries Act by knowingly acting in was forfeited to the Crown; 3 Guilty plea
Zealand shucked paua. (3 each) incarceration
(17) contravention of this act. year fishing ban.

10
Illegal fishing, including
South Skipper of Dong Suspended sentence – only
2005 Not specified. "finning" of sharks, attempted multiple $192,240
Africa Won 630 (23) $8,010 of the fine imposed.
bribery of a fisheries officer.
Salmon and Discovered with three salmon SFFA - s.32 handling salmon Sentence will run concurrently
United Andrew John 4 months
2000 Freshwater and two brown trout in there and trout in suspicious with incarceration for unrelated Guilty plea.
Kingdom Williams (25) incarceration
Fisheries Act car and were soaking wet. circumstances offences.
Was caught with a large fish SFFA s.1(1)(a)(iv) - using a
Salmon and by officers, then tried to snatch to take salmon or
United
2004 Keith Evans (25) Freshwater dispose of his rod and hook 2 migratory trout; obstructing a $825 Guilty plea.
Kingdom
Fisheries Act and escape on foot. He was constable in the execution of his
caught. duty.
John Frederick
Harvey, Fishing for shellfish at a time Prosecution costs ordered -
United Christopher Sea Fisheries when the shellfish bed was Breached the bylaw - closed $109 each. Court ordered the
2004 3 $733 Guilty plea.
Kingdom Thomas Owens Regulation Act temporarily closed under the season. forfeiture of 69lbs (31Kg) of
and Scott Peter local shellfish bylaws. cockles and cockling equipment.
Petrie (25)
Nigel Antony Caught fishing for freshwater
Salmon and Charges - fishing during the
United Boocock and fish during the closed season Prosecution costs ordered -
2005 Freshwater closed season; fishing with $1,002
Kingdom Jason Moyser and with an illegal kind of bait $157 each.
Fisheries Act illegal bait.
(25) - sprats.
Caught using and possessing SFFA s.21(1)(a)(b) - using and
Salmon and
United Calvin James roe for fishing and then trying possessing trout/salmon roe for Prosecution costs ordered -
2005 Freshwater 3 $557
Kingdom Ottewell (25) to dispose of the evidence by fishing; and obstructing a water $371
Fisheries Act
throwing it into the river. bailiff.
Attempted illegal introduction
Salmon and SFFA - s.30 attempting to
United Riverfield Fish of farmed fish into Jubilee Prosecution costs ordered -
2005 Freshwater 2 introduce fish without a valid $9,724 Guilty plea.
Kingdom Farm Ltd (25) Lake and Long Lake at $4,155
Fisheries Act consent order.
Thatcham, Berkshire

Timothy Mark
Salmon and Observed illegally retrieving
United Taylor and Nayra SFFA s.6 - illegal fishing with a Prosecution costs ordered - Found guilty in
2005 Freshwater one illegal net and one mullet 2 $928
Kingdom Del Rio Suarez net. $349. their absence.
Fisheries Act and placing them in their car.
(25)

11
Fishing Offences – Contravention of a License

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Failure to comply with terms


Vuozzo, Russell
Canada 1999 Fisheries Act and conditions of their fishing General Regulations - s.22(7) $2,020 Prosecution costs ordered - $33
Keith (7)
license for Bluefin Tuna.
Failure to comply with terms
$10,326 under s. 79 of the
Canada 1999 Bath, Otis (7) Fisheries Act and conditions of their fishing General Regulations - s.22(7) $10,663
Fisheries Act - "profit stripping"
license for Cod.
Failure to comply with terms
Atwood, Gary
Canada 2000 Fisheries Act and conditions of their fishing General Regulations - s.22(7) $1,347 Prosecution costs ordered - $33
(7)
license for Bluefin Tuna.
Failure to comply with terms
Cummings,
Canada 2000 Fisheries Act and conditions of their fishing General Regulations - s.22(7) $8,053 Prosecution costs ordered - $33
Robert J. (7)
license for Scallop.
Failure to comply with terms
Mercer, Glenn
Canada 2000 Fisheries Act and conditions of their fishing General Regulations - s.22(7) $673
(7)
license for Crab.
Failure to comply with terms
Canada 2001 Ellis, Craig A. (7) Fisheries Act and conditions of their fishing 2 General Regulations - s.22(7) $12,922
license for Crab.
Failure to comply with terms $5,168 under s.79 of the
Canada 2001 Oates, Barry (7) Fisheries Act and conditions of their fishing General Regulations - s.22(7) $11,629 Fisheries Act "profit stripping"
license for Skate. provision.
Failure to comply with terms
Demolitor, Earl and conditions of their fishing
Canada 2001 Fisheries Act General Regulations - s.22(7) $516 Prosecution costs ordered - $64
(7) license for Swordfish - failed
to hail 3 hrs before landing.

Covert, Timothy Fishing in a prohibited area Management of Contaminated


Canada 2001 Fisheries Act $775
(7) without a license/permission. Fisheries Regulations

12
Fishing in a prohibited area Management of Contaminated
Canada 2002 Burnie, Roger (7) Fisheries Act $764
without a license/permission. Fisheries Regulations

Failure to comply with terms


Hirtle, Cory and conditions of their fishing
Canada 2003 Fisheries Act General Regulations - s.22(7) $1,791
Joseph (7) license for Lobster - had
mutilated lobsters.
Goo Goo,
Victor Isadore, Fishing in a prohibited area Management of Contaminated
Canada 2003 Fisheries Act $2,650
Anthony Phillips, without a license/permission. Fisheries Regulations
Colt (7)
Failure to comply with terms
MacKay, Peter A.
Canada 2004 Fisheries Act and conditions of their fishing General Regulations - s.22(7) $2,696 Guilty plea.
(7)
license for Crab.
Failure to comply with terms
and conditions of their fishing
Amiro, Patrick
Canada 2004 Fisheries Act license for Groundfish - failed General Regulations - s.22(7) $3,851 $77 costs. Guilty plea.
Clarence (7)
to obtain license conditions
before fishing.
Each crewmember was fined
The 104 The Captain Hanks is an
Fishing Industry FIAR - fishing without a license; $21 or 30 days incarceration
crewmembers of Honduras vessel caught
Jamaica 2002 Act and fishing lobster and conch in the each for fishing without a license
the "Captain fishing illegally in Jamaican
Regulations closed season. and $11 or 10 days each for
Hanks" (14) waters.
fishing out of season.
Court costs ordered - $75.
Vostochnaia Caught with rock lobster FA - s.113D(1) taking fish for
New Fishing vessel and the catch of
2003 Fishing (NZ) Ltd. Fisheries Act taken on the high sea for sale sale on the high seas without a $5,244 Conviction
Zealand rock lobster forfeited to the
(17) without a high seas permit. permit.
Crown.
Igor Karpenko,
Caught with rock lobster FA - s.113D(1) taking fish for
New director of
2003 Fisheries Act taken on the high sea for sale sale on the high seas without a $1,748 Court costs ordered - $75. Conviction.
Zealand Vostochnaia
without a high seas permit. permit.
Fishing Ltd. (17)
Caught fishing on the high FA - s.113D(1) taking fish for
New Pescatore Court costs of $75. Forfeited the
2003 Fisheries Act seas without a high seas sale on the high seas without a $7,130 Guilty plea.
Zealand Fishing Ltd (17) $11,880 of proceeds.
permit. permit.
Anthony Martin,
Caught fishing on the high FA - s.113D(1) taking fish for
New skipper of
2003 Fisheries Act seas without a high seas sale on the high seas without a $1,165
Zealand Pescatore
permit. permit.
Fishing. (17)

13
Fished twice after the expiry
New John Stewart Court costs of $130 on each
2004 Fisheries Act of the vessel's permit and 4 Not specified. $4,512
Zealand Cliff (17) count.
certificate of registration.
Salmon and
United Stephen Shone Was seen fishing at Offa's s.27(a) - fishing without a Prosecution costs ordered - Plead guilty by
2005 Freshwater $371
Kingdom (17) Dyke Fishery. license. $157 post.
Fisheries Act
Salmon and
United Clive Gumms Was seen fishing on 21 s.27(a) - fishing without a
2005 Freshwater $186 Prosecution costs ordered - $83.
Kingdom (17) January. license.
Fisheries Act

Fishing Offences – Exceeding Limits/Quota

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Possessing illegally taken


Australia Individual Fisheries
2003 prawns (caught with a trawler 2 $2,220 Boat and trailer were seized.
(NSW) Defendant (3) Management Act
net); over the limit.
Caught in possession of 27
Australia Two Individuals Fisheries lobsters - limit is 2 per One defendant fined $4,243; one
2003 multiple $7,834
(NSW) (3) Management Act person. 23 of the 27 were defendant fined $3,591.
undersized.

Australia Individual Fisheries Exceeding his possession


2005 $616
(NSW) Defendant (3) Management Act limit for lobsters.

Failure to comply with terms


Devine, Barry G. and conditions of their fishing
Canada 2001 Fisheries Act General Regulations – s.22(7) $6,461
(7) license for Skate - exceeded
quota.
Failure to comply with terms
$3,230 under s.79 of the
Meade, Wayne and conditions of their fishing
Canada 2001 Fisheries Act General Regulations – s.22(7) $6,461 Fisheries Act "profit stripping"
(7) license for Cod and Skate -
provision.
exceeded quota.

14
Failure to comply with terms
Manning, Darryl and conditions of their fishing
Canada 2003 Fisheries Act General Regulations – s.22(7) $716.40
E. (7) license for Crab – exceeded
quota.
Failure to comply with terms
Fine reduced
Rideout, Ricky and conditions of their fishing Forfeiture of the proceeds of the
Canada 2003 Fisheries Act General Regulations - s.22(7) $1,432 from $4000 on
(7) license for Crab - exceeded illegal catch.
appeal.
quota.
Failure to comply with terms
Guilty plea. Fine to be paid from
Starkes, Corey and conditions of their fishing
Canada 2003 Fisheries Act General Regulations - s.22(7) $8,596 proceeds of illegal catch. $5,014
(7) license for Crab by
additional forfeiture.
exceeding quota.
Failure to comply with terms
Petten, Chesley and conditions of their fishing
Canada 2004 Fisheries Act General Regulations - s.22(7) $1,925
(7) license for Cod –exceeded
quota.
Failure to comply with terms
Stokes, Harold and conditions of their fishing
Canada 2004 Fisheries Act General Regulations - s.22(7) $1,925
(7) license for Cod - exceeded
quota.
Failure to comply with terms
and conditions of their fishing
Canada 2004 Reid, Boyce (7) Fisheries Act General Regulations - s.22(7) $770 Guilty plea.
license for Lobster by
exceeding quota.
Failure to comply with terms Guilty plea. He
Fraser, Richard and conditions of their fishing $77 in costs. 4 crab traps had been
Canada 2004 Fisheries Act General Regulations - s.22(7) $2,310
Bruce (7) license for Crab - exceeded forfeited to the Crown. warned prior to
quota. being charged.
Fishing in one area - where FA - s.232 possession of
A vehicle and a fishing vessel
New Kevin Wayne he did not have a quota - illegally obtained fish; s.233
2000 Fisheries Act 2 $1,832 have been forfeited to the Conviction.
Zealand Abbott (17) then represented the catch making a false statement in a
Crown.
as coming from his area. fishing return.
FA - s.233(1) obtain a benefit Forfeited his fishing vessel, truck
New John Charles Caught and sold snapper
2002 Fisheries Act by knowingly acting in $1,860 and portable chiller unit; Ordered Guilty plea.
Zealand WAIRUA (17) outside the quota system.
contravention of this act. to pay costs of $302.
Found in possession of
Regulations - quota for Costs ordered - $172. His fishing
New Laulelei Tapui excess snapper, tried to
2004 Fisheries Act 3 snapper; obstructing a fisheries $1,289 vessel and equipment were
Zealand (17) throw the catch overboard
officer; assault. forfeited to the Crown.
and assaulted the officer.

15
Found in possession of Regulations - quota for
New
2004 Kata Finau (17) Fisheries Act excess snapper; threw some 2 snapper; obstructing a fisheries $2,256
Zealand
of the illegal catch overboard. officer.
Peters - 200 hours community
Graeme Donald
Found with excess rock Regulations - possessing service; Whatley - 180 hours
New Peters and
2004 Fisheries Act lobster taken using rock multiple excess rock lobster taken community service. One truck,
Zealand Michael Fabian
lobster "pots". unlawfully. two vessels and over 110 rock
Whatley (17)
lobster forfeited to the Crown.
In possession of 53 rock Taverner's Nissan van, a 4.6
New William Boyd lobster and 603 scallops; Regulations - daily individual metre (15ft) fibreglass boat and
2004 Fisheries Act $1,418 Guilty plea.
Zealand Taverner (17) daily individual quota is 6 and quota of scallops/rock lobster. dive gear were forfeited to the
20 respectively. Crown.
Possessiong 753 kg of paua
New Peter Raymond and 391 kg of rock lobster FA - s.232 possession of
2005 Fisheries Act 2 $19,911 Conviction.
Zealand Baird (17) outside the Quota illegally obtained fish.
Management System.
In possession of 53 paua
(more than five times the Fisheries (Amateur Fishing) Aluminium boat ($2,133) plus
New Stephen John
2005 Fisheries Act legal daily limit of 10) and an 2 Regulations - daily limit and $1,138 dive gear worth approx $1,420 Guilty plea
Zealand Goodhue (17)
underwater breathing prohibited fishing equipment. was forfeited to the Crown.
apparatus.
Knowingly and intentionally
Forfeited the fishing vessel
Hout Bay Fishing participated in the over-
South Marine Living Sandalene and the contents of a
2002 Industries (Pty) fishing of south coast rock 28 Not specified. Forfeiture
Africa Resources Act refrigerated container. Costs of
Ltd (21) lobster, west coast rock
$71,925 ordered.
lobster and hake.

License Offences – Contravention of Terms/Conditions of a License

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Energy Services Environmentally


Australia Unlawfully processesed a Prosecution costs ordered -
2001 International Pty Hazardous 2 EHCA - s.25 $46,638
(NSW) prescribed chemical. $29,365.
Limited (1) Chemicals Act

16
Contravened the conditions Judge reduced
Metalcorp Protection of the
Australia of a license - offensive noise penalties
2001 Recyclers Pty Environment 7 POEO Act - s.64(1) $11,400 Prosecution costs ordered.
(NSW) from explosions emitted from because of
Limited (1) Operations Act
the premises. cooperation.
Contravened the conditions
Pasminco Cockle Protection of the of a license - discharged
Australia
2001 Creek Smelter Environment water with more then 0.006 POEO Act - s.64(1) $17,101 Prosecution costs ordered.
(NSW)
Pty Limited (1) Operations Act milligrams per litre of
mercury.
Port Kembla Protection of the Contravened the conditions
Australia
2001 Copper Pty Ltd Environment of a license - sulphur dioxide 5 POEO Act - s.64(1) $60,111
(NSW)
(1) Operations Act limit in emissions.
North Coast Contravened the conditions
Protection of the
Australia Plywood of a license - failed to Prosecution costs ordered -
2002 Environment POEO Act - s.64(1) $8,162
(NSW) Products Pty maintain equipment; caused $4,352
Operations Act
Limited (1) a leakage.
Contravened the conditions
Pasminco Protection of the of a license - failed to monitor
Australia
2002 Broken Hill Mine Environment the ground level vibration 2 POEO Act - s.64(1) $5,876 Prosecution costs ordered.
(NSW)
Pty Ltd (1) Operations Act caused by blasting
operations.
Protection of the
Australia Bellingen Shire Contravened the conditions Prosecution costs ordered
2003 Environment POEO Act - s.64(1) $9,792
(NSW) Council (1) of a license. $5,222
Operations Act
Contravened the conditions
Protection of the Prosecution costs. See
Australia BHP Steel (AIS) of a license - water spray
2003 Environment POEO Act - s.64(1) $19,584 Steepleton Pty Limited and
(NSW) Pty Limited (1) system to prevent the
Operations Act Kenneth Warren Pannowitz
emission of coal dust.
Eco Cycle
Materials Pty Protection of the “Crushing, grinding or POEO Act - s.48(2)
Australia Prosecution costs ordered -
2003 Limited & Environment separating works” without a (s.169(1) makes Mr. Scanlan $20,237
(NSW) $5,875
Maxwell John Operations Act license. personally liable)
Scanlan (1)
Contravened the conditions
Protection of the
Australia Lithgow City of a license - failed to
2003 Environment POEO Act - s.64(1) $3,917 Prosecution costs ordered.
(NSW) Council (1) perform a toxicity analysis
Operations Act
and notify the prosecutor.

17
Contravened conditions of a
Lithgow Coal Protection of the
Australia license - did not undertake Prosecution costs ordered -
2003 Company Pty Environment POEO Act - s.64(1) $19,584
(NSW) activities that will minimise $11,750
Limited (1) Operations Act
the generation of emissions.
Contravened the conditions
Port Kembla Protection of the of a license - condition of
Australia Prosecutions costs ordered -
2003 Copper Pty Ltd Environment permission to develop was 3 POEO Act - s.64(1) $62,016
(NSW) $16,320.
(1) Operations Act broken; increase of
pollution/emissions.
Rethmann
Contravened the conditions
Australia Protection of the
Australia of a license - failed to provide
2003 Environmental Environment 2 POEO Act - s.64(1) $45,696 Prosecution costs ordered.
(NSW) instructions to its employees
Services Pty Ltd Operations Act
dealing with odour incidents.
(1)
Contravened the conditions
Shoalhaven Protection of the of a license - failed to
Australia Prosecution costs ordered -
2003 Starches Pty Ltd Environment manage and maintain 2 POEO Act - s.64(1) $104,448
(NSW) $19,584.
(1) Operations Act irrigation site; caused
"pooling" of wastewater.
Permitting premises, built for
Avis Property
New Resource motel use, to be used for RMA - s.338 Breach of an
2000 Developments $7,784
Zealand Management Act general residential enforcement order.
(16)
accommodation.
Gave permission to slaughter $2672 or 2 Suspended $1,336 or 1 year for
South Mr Chris van
2003 Meat Safety Act animals at a facility which is years 5 years as this was his first
Africa Wyngaardt (22)
not an approved abattoir. incarceration offence.
Operating a prescribed Guilty plea -
United Ford Motor Co Prosecution costs ordered -
2005 process, 53 Megawatt boiler $29,696 Ford operated
Kingdom (25) £,3,938
house, without a permit. for two years

18
Obstruction of a Fisheries Officer

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Arsenault, Obstructing/hindering a
Canada 2004 Joseph Daniel Fisheries Act fishery officer/inspector who FA - s.62 $962
(7) is carrying out their duties.
Obstructing/hindering a
Canada 2004 Landry, Clem (7) Fisheries Act fishery officer/inspector who FA - s.62 $962
is carrying out their duties.
Obstructing/hindering a
Canada 2004 Buote, Cory (7) Fisheries Act fishery officer/inspector who FA - s.62 $269
is carrying out their duties.
Obstructing/hindering a
Parsons, Roger
Canada 2004 Fisheries Act fishery officer/inspector who FA - s.62 $577 Prior record
(7)
is carrying out their duties.

Pesticide Offences – Unlawful use of a Pesticide

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Australia Andrew Munro Use of an unregistered


2001 Pesticides Act PA - s.31(b) $2,250 Prosecution costs ordered.
(NSW) Miller (1) pesticide.

Used a registered pesticide


in contravention of an
Australia Le Dome Pty instruction on an approved Prosecution costs ordered -
2002 Pesticides Act PA - s.15(1) $11,970
(NSW) Limited (1) label for the pesticide without $5,441
being authorised to do so by
a permit.

19
Carelessly disregard an
instruction on a label affixed
to a container in which he
Australia Rodney Scott
2002 Pesticides Act knew or had reasonable 3 PA - s.33 $2,176
(NSW) Taylor (1)
cause to suspect the
registered pesticide to have
been.
Using a pesticide in a
Sanders &
Australia manner that damages or is
2003 Associates Pty Pesticides Act PA - s.10(1)(b) $1,958 Prosecution costs ordered.
(NSW) likely to damage any property
Limited (1)
of another person.
Using an unregistered
Australia Warren Charles pesticide without being Conditional
2004 Pesticides Act PA - s.13 Good behaviour bond - one year.
(NSW) Cupitt (1) authorised to do so by a Sentence
permit.
Federal Misapplied the restricted use
Criminal
United Daniel J. Trehey Insecticide, pesticide Rid-a-Bird to an
1999 Misuse of a registered pesticide $2,000 12 months probation. prosecution.
States (28) Fungicide and attic; it contains Fenthion
Guilty plea.
Rodenticide Act which is a highly toxic.
Six applications of the
FIFRA - 136j(a)(2)(G) and
Federal pesticide without having
136i(b)(1)(B) - knowing $2,000 six Criminal
United Glen Dee Taft Insecticide, obtained the certification. He
1999 application of a restricted use months 24 months probation. prosecution.
States (28) Fungicide and also failed to notify a fish
pesticide not in accordance with incarceration. Guilty plea.
Rodenticide Act farm of this application, killing
its label
44,000 fish.
Federal Tested products using the
FIFRA - 136j (a)(2)(P) - testing Criminal
United Lynne Harrison Insecticide, pest repellent DEET on over
2000 of pesticides on humans without $5,000 prosecution.
States (28) Fungicide and 300 people without informing
informed consent Guilty plea.
Rodenticide Act the individuals.
Federal
Used Carbofuran (Furandan) Criminal
United Joseph Bernard Insecticide, 30 days home confinement; 12
2002 in a manner inconsistent with One count of violating FIFRA. $2,515 prosecution.
States LaFollette (28) Fungicide and months probation.
its labelling. Guilty plea.
Rodenticide Act
Sprayed thousands of
Federal
homes, without a license, FIFRA - 136j(a)(2) and Criminal
United Ruben Brown Insecticide, 24 months
1998 with a roach killer methyl 2 136i(b)(1)(B) - misusing a $50 special assessment fee. prosecution.
States (28) Fungicide and incarceration
parathion which is primarily restricted use pesticide Guilty plea.
Rodenticide Act
used on cotton fields.

20
Pollution – General Offences

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Negligently caused a
Protection of the substance to escape in a
Australia Justin Andrew Good behaviour bond for a term
2003 Environment manner that harmed or was POEO Act - s.116 None
(NSW) Barrett (1) of 2 years.
Operations Act likely to harm the
environment.
Negligently caused a
Protection of the substance to escape in a
Australia Craig Rue 250 hours of community service.
2003 Environment manner that harmed or was POEO Act - s.116(1) $807
(NSW) Coggins (1) Prosecution costs ordered.
Operations Act likely to harm the
environment.
Negligently caused a
Warringah Golf Protection of the substance to escape in a
Australia Prosecution costs ordered -
2003 Club Limited (1) Environment manner that harmed or was POEO Act - s.116(2) $195,840
(NSW) $124,032
(5) Operations Act likely to harm the
environment.
Joint holders of a license
Eljo PTY Ltd.and Protection of the whose conditions they Prosecution costs of $5778 each
Australia
2005 Solo Waste Aust. Environment violated when a filter press POEO Act - s.64(1) $8,860.75 and $556 each for costs of a
(NSW)
Pty Limited (1) Operations Act grease trap malfunction ecotoxicology test.
causing a spill.
An order to the Ratlam Supreme Court order the Council
Muncipal Council to do its to stop effluents from flowing into
Special Leave
Ratlam Municipal duty toward the public by Public nuisance under s.133 of the stream; construct public
India 1980 Petitition No.2856 Court Order
Council (11) stopping the stench caused Code of Criminal Procedure. latrines with a water supply;
of 1979
by open drains and public construct drains and fell up
excretion. existing cess pools.
The High Court of Rajasthan
The city of Jaipur was in a
State of directed the Municipal
Public Interest "sad sate of sanitation" and Civil Writ Petitions No. 121 of
India 1986 Rajasthan and Court Order Corporation to remove filth and
Litigation causing hazard to the health 1986
Others (11) dirt and garbage within six
of its citizens.
months and clean the entire city.
Various tanneries were Supreme Court ordered all
Union of India
Public Interest discharging highly noxious $275 each tanneries to be relocated or
India 1997 (Calcutta
Litigation effluents, pollution land and Court Order cease functioning; 25% down
Tanneries) (13)
rivers. Because of their payment on the new land; $275

21
location, there was no fine for each tannery; workmen
opportunity to modernize employed by the tanneries will
their operations or build a continued to employed and paid
common treatment plant. during relocation.
Ordered Gujarat to close highly
Gujuarat Pollution Control
polluting units; shut off utilities to
Pollution Board had
remaining units to ensure
State of Gujarat Public Interest neglected its duties towards Art. 21 of the Constitution of Fine and
India 1995 compliance; lay pipes/drains
(13) Litigation citizens by allowing 756 India. Court Orders
(paid by polluters); fine 1% of
industrial units to pollute the
company’s gross turnover for
land and water.
socio-economic project.
Discharge of untreated RMA - s.15 Discharge of
New Resource
1995 Pollock (16) cowshed effluent, 300 cows, contaminants into the $11,821
Zealand Management Act
continuing offence. environment.
Corroded pipe caused
United Southern Water Prosecution costs ordered -
2005 Not specified. 17,000 litres of diesel to be $12,992
Kingdom (25) $8,871
lost into the ground.
Crew member left crossover
United
1998 US Oil (30) Not specified. valve open during blending - $30,000
States
256 tonnes spilt.
Third-party excavator
United Lakehead
1998 Not specified. punctured pipeline - 816 $750,000
States pipeline (30)
tonnes of crude spilt.

Pollution – Air

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Caused the emission of an


offensive odour from
Illawarra Coke Protection of the
Australia occupied premises at which a Prosecution costs ordered -
2002 Company Pty Environment 3 POEO Act - s.129(1) $38,087
(NSW) scheduled activity was $13,602
Limited (1) Operations Act
carried on under authority of
a licence.

22
Caused the emission of an
offensive odour from
Protection of the
Australia Nationwide Oil occupied premises at which a
2002 Environment 2 POEO Act - s.129(1) 43,528 Prosecution costs - $9,249
(NSW) Pty Limited (1) scheduled activity was
Operations Act
carried on under authority of
a licence.
Owner of vehicle and
Protection of the
Australia Bruce Panucci permitting its use when it Clean Air (Motor Vehicles and Prosecution costs ordered -
2003 Environment $10,444
(NSW) Transport Pty Ltd emitted excessive air Motor Vehicle Fuels) Regulation $8,160
Operations Act
impurities.
Contravened the conditions
Burrangong Meat Protection of the of a license - overloading the
Australia POEO Act - s.64(1); s.129(1)
2003 Processors Pty Environment effluent treatment system; 4 $38,434 Prosecution costs of $14,035.
(NSW) three counts
Ltd (1) Operations Act causing the emission of an
offensive odour.
Contravened the conditions
Protection of the of a license by failing to
Australia BlueScope Steel
2004 Environment maintain and keep electrical POEO Act - s.64(1) $51,611 Prosecution costs ordered. Guilty plea
(NSW) (1)
Operations Act circuits/batteries resulting in
air pollution.
Caused the emission of an
offensive odour from
A court order to carry out of the
Protection of the occupied premises at which a
Australia Cargill Australia planting of at least 4,500 trees.
2004 Environment scheduled activity (livestock POEO Act - s.129(1) $23,594 Guilty plea
(NSW) Limited (1) Prosecution costs ordered -
Operations Act slaughtering rendering plant)
$29,492.
was carried on under
authority of a licence.
Failed to deal with materials
that could cause air pollution
Protection of the Ordered to carry out a
Australia Yolarno Pty in an a proper and efficient
2004 Environment POEO Act - s.126 $22,119 restoration project. Prosecution
(NSW) Limited (1) manner - caused air pollution
Operations Act costs ordered.
in the operation of a new
abattoir.
An undetermined portion of the
Exceeded quantity of fine is to be used to develop a
Canadian chlorobiphenyls that may be course to be put on by the Banff
Chlorobiphenyls Regulation and
Canada 2001 Banff Centre (8) Environmental released into the $24,339 Centre for handling and disposal
Storage of PCB Material
Protection Act environment. Failure to of hazardous wastes. If all
comply with PCB regulations. $24,339 is used, the fine will be
$1.

23
Public interest litigation
The Supreme Court allowed the
seeking the closing of a
Shriram Food plan to restart if it adhered to 11
Public Interest caustic chlorine plant after Writ Petition No. 12739 of 1985
India 1987 and Fertilizer Court Order conditions including a security
Litigation the leakage of oleum gas and No. 26 of 1986.
Industries (11) payment of $63,600 and a bond
resulted in one death and
guarantee of $47,700.
many injuries.
Air pollution in Delhi caused The Supreme Court ordered that
Union of India Public Interest by heavy vehicles including all buses in the city be converted
India 1998 Writ Petition No. 13029 of 1985. Court Order
(12) Litigation trucks, buses and defence from diesel to compressed
vehicles. natural gas by March 31st 2001.
Emissions generated by the Ordered 292 industries to apply
coke/coal consuming and obtain natural gas
Union of India
Public Interest industries are air pollutants connections; if they are not able
India 1997 (Taj Trapezium Court Order
Litigation and have a damaging effect to - for whatever reason - they
Case) (13)
on the Taj Mahal and must stop using coke/coal and
surrounding area. may relocate as per directions.
Tasman Pulp & RMA - s.15 Discharge of
New Resource Excessive emissions to air
1995 Paper Co Ltd 3 contaminants into the $39,402
Zealand Management Act from pulp mill at Kawerau.
(16) environment.
Costs ordered - $6,409; include
Nuplex Industries Chlorine fumes had
RMA - s.15 Discharge of details of the offence in their
New - owns United Resource discharged from the site as a
2003 contaminants into the $32,049 annual report; include
Zealand Environmental Management Act result of a reaction in a waste
environment. environmental issues in their
(16) treatment process.
board meetings for 24 months.
Chlorine fumes had
United RMA - s.15 Discharge of
New Resource discharged from the site as a
2004 Environmental contaminants into the $24,495 Court costs of $1,329 ordered. Guilty plea.
Zealand Management Act result of a reaction in a waste
(16) environment.
treatment process
A chlorine leak at the
company’s site - failing to
ensure that suitably
Not specified - one charge
Rhodia Eco experienced, trained and
United brought by the Environmental Prosecution costs ordered -
2005 Services Limited Not specified. supervised people carried out 3 $185,600 Guilty plea.
Kingdom Agency and two by Health and $35,264
(25) the process that led to the
Safety Executive.
leak; failure to ensure the
safety of its workers and the
public.
Surpass A ruptured tank at their CAA s.7413(c)(4) - any person Criminal
United
1998 Chemical Clean Air Act facility caused the release of who negligently releases into $105,000 prosecution.
States
Company (28) a cloud of chlorine gas and the ambient air any hazardous Guilty plea.

24
2400 gallons of hydrochloric air pollutant.
acid.

Pollution – Marine

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Australia Paola II (vessel) The Marine MPA - discharge of oil into


1997 Illegal discharge of oil. $5,205
(Commonwealth) (2) Pollution Act coastal waters prohibited.

Pyrmont Bridge The Marine Illegal discharge of oil - 150 MPA - discharge of oil into
Australia (NSW) 1997 $37,180
(vessel) (2) Pollution Act litres. coastal waters prohibited.

Anro Australia The Marine Illegal discharge of oil - 1000 MPA - discharge of oil into
Australia (NSW) 1997 $81,796
(vessel) (2) Pollution Act litres. coastal waters prohibited.

Palmstar Rose The Marine Illegal discharge of oil - 40 MPA - discharge of oil into
Australia (NSW) 1997 $29,744
(2) Pollution Act litres coastal waters prohibited.

The Marine MPA - discharge of oil into


Australia (NSW) 1998 Hegg (vessel) (2) Illegal discharge of oil. $47,235
Pollution Act coastal waters prohibited.

Kareliya (vessel) The Marine MPA - discharge of oil into


Australia (NSW) 1998 Illegal discharge of oil. $37,788
(2) Pollution Act coastal waters prohibited.

Stolt Otome The Marine Illegal discharge of oil - 40 MPA - discharge of oil into
Australia (NSW) 1998 $25,192
(vessel) (2) Pollution Act litres. coastal waters prohibited

25
Kokopo Chief The Marine Illegal discharge of oil - 150 MPA - discharge of oil into
Australia (NSW) 1998 $38,418
(vessel) (2) Pollution Act litres. coastal waters prohibited.

Asian Glory The Marine Illegal discharge of oil - 50 MPA - discharge of oil into
Australia (NSW) 1999 $64,570
(vessel) (2) Pollution Act litres. coastal waters prohibited.

The Marine Illegal discharge of oil - MPA - discharge of oil into


Australia (QLD) 1999 Trinity Bay (2) $47,138
Pollution Act 18,000 litres coastal waters prohibited.

The Marine Illegal discharge of oil - 45 MPA - discharge of oil into


Australia (QLD) 1999 Perna Amang (2) $13,094
Pollution Act litres. coastal waters prohibited.

Rexandra
The Marine Illegal discharge of oil - 190 MPA - discharge of oil into
Australia (QLD) 1999 (fishing vessel) $13,094
Pollution Act litres. coastal waters prohibited.
(2)

Capitaine Cook The Marine Illegal discharge of oil - 2500 MPA - discharge of oil into
Australia (VIC) 1997 $4,833
(vessel) (2) Pollution Act litres. coastal waters prohibited.

Lijinsbaansgracht The Marine Illegal discharge of oil - 10 MPA - discharge of oil into
Australia (VIC) 1997 $31,231
(vessel) (2) Pollution Act litres. coastal waters prohibited.

Providence The Marine Illegal discharge of oil - 10 MPA - discharge of oil into
Australia (VIC) 1998 $4,094
(vessel) (2) Pollution Act litres. coastal waters prohibited.

Capitaine Fern The Marine MPA - discharge of oil into


Australia (VIC) 1998 Illegal discharge of oil. $25,192
(vessel) (2) Pollution Act coastal waters prohibited.

Alam Tenega The Marine Illegal discharge of oil - 500 MPA - discharge of oil into
Australia (VIC) 1998 $7,873
(vessel) (2) Pollution Act litres. coastal waters prohibited.

Alam Tenteram The Marine MPA - discharge of oil into Fine split between the owner
Australia (VIC) 1999 Illegal discharge of oil. $9,686
(vessel) (2) Pollution Act coastal waters prohibited. of the boat and its master.

26
Barbara Louise Canada Shipping Illegal discharge of oil - 375 Oil Pollution Prevention
Canada 2000 $8,087
(8) Act Litres Regulations

Canada Shipping Illegal discharge of oil - 5 Oil Pollution Prevention


Canada 2000 Atlantic Hawk (8) $3,370
Act litres Regulations

Rio Cuyaguateje Canada Shipping Oil Pollution Prevention


Canada 2000 Small amount of diesel. $4,380
(8) Act Regulations

Canada Shipping Oil Pollution Prevention


Canada 2000 Trenchsetter (8) Small amount of diesel. $1,685
Act Regulations

Aerial detection by National


Canada Shipping Department of Defence - Oil Pollution Prevention
Canada 2000 Med Taipei (8) $20,217
Act illegal discharge of 778 litres Regulations
of oil.

Canada Shipping Illegal discharge of oil - 159 Oil Pollution Prevention


Canada 2000 Chokyu Maru (8) $6,739
Act litres. Regulations

Canada Shipping Illegal discharge of oil - 50 Oil Pollution Prevention


Canada 2000 Orvar (8) $4,043
Act litres. Regulations

Aerial detection by coast


Canada Shipping Oil Pollution Prevention
Canada 2000 Nordholt (8) guard. Illegal discharge of oil $23,587
Act Regulations
- 15 litres.

Canada Shipping Illegal discharge of oil - 2.6 Oil Pollution Prevention


Canada 2000 Polar Duke (8) $13,478
Act litres. Regulations

Canada Shipping Illegal discharge of oil - 50 Oil Pollution Prevention


Canada 2000 Solborg (8) $5,054
Act litres. Regulations

Canada Shipping Illegal discharge of oil - 100 Oil Pollution Prevention


Canada 2000 Ocean Castle (8) $6,739
Act litres. Regulations

27
Canada Shipping Illegal discharge of oil - 155 Oil Pollution Prevention
Canada 2000 Riverton (8) $3,370
Act litres. Regulations

Canada Shipping Illegal discharge of oil - 37 Oil Pollution Prevention


Canada 2000 Sauniere (8) $6,739
Act litres. Regulations

Canada Shipping Illegal discharge of oil - 2000 Oil Pollution Prevention


Canada 2000 Orient Tiger (8) $5,728
Act litres. Regulations

Canada Shipping Illegal discharge of oil - 15 Oil Pollution Prevention


Canada 2000 Geco Sigma (8) $3,370
Act litres. Regulations

Surveillance flight observed


Offence
the vessel trailing 7 kilometre
brought under
long oil slick oil off the south
Oak Maritime Migratory Bird the MBCA
Canada 2001 coast of Newfoundland in MBCA - s.35(1) $19,706
(Canada) Inc (8) Convention Act rather than the
waters heavily used by
Canadian
wintering sea bird
Shipping Act.
populations.
Illegal discharge of oil; failure
Eirik Raude Canada Shipping Oil Pollution Prevention
Canada 2001 to carry IOPP certificate and $12,922
(Oil Rig) (8) Act Regulations
failure to carry ORB.

Olympic Melody Canada Shipping Illegal discharge of oil - 290 Oil Pollution Prevention
Canada 2001 $16,153
(8) Act litres. Regulations

Canada Shipping Illegal discharge of oil - 15 Oil Pollution Prevention


Canada 2001 Kent Express (8) $6,461
Act litres. Regulations

Canada Shipping Illegal discharge of oil - 1,200 Oil Pollution Prevention


Canada 2001 Endurance (8) $22,614
Act litres. Regulations

Canada Shipping Illegal discharge of oil - 55 Oil Pollution Prevention


Canada 2001 Atlantic Birch (8) $6,461
Act litres. Regulations

28
Canada Shipping Illegal discharge of oil - 1,500 Oil Pollution Prevention
Canada 2001 Mariel (8) $6,461
Act litres. Regulations

Canada Shipping Illegal discharge of oil - 1,000 Oil Pollution Prevention


Canada 2001 Tahkuna (8) $12,922
Act litres. Regulations

Canada Shipping Illegal discharge of oil - 2,400 Oil Pollution Prevention


Canada 2001 Sandviken (8) $25,844
Act litres. Regulations

Canada Shipping Illegal discharge of oil - 100 Oil Pollution Prevention


Canada 2001 Taurus (8) $7,753
Act litres. Regulations

Canada Shipping Illegal discharge of oil - 200 Oil Pollution Prevention


Canada 2001 Leonis (8) $6,461
Act litres. Regulations

Migratory Bird
Canada 2001 Donau Ore (8) Illegal discharge of oil. $22,937
Convention Act

F/V Never Canada Shipping Illegal discharge of oil - Oil Pollution Prevention
Canada 2001 $1,615
Satisfied (8) Act amount undetermined. Regulations

Chokyu Maru 28 Canada Shipping Illegal discharge of oil - 30 Oil Pollution Prevention
Canada 2001 $4,846
(8) Act litres. Regulations

Ocean Foxtrot Canada Shipping Illegal discharge of oil - 15 Oil Pollution Prevention
Canada 2001 $6,461
(8) Act litres. Regulations

Canada Shipping Illegal discharge of oil - 25 Oil Pollution Prevention


Canada 2002 Fujisei Maru (8) $4,779
Act litres. Regulations

Canada Shipping Illegal discharge of oil - 92 Oil Pollution Prevention


Canada 2002 CSL Atlas (8) $79,650
Act litres. Regulations

29
Canada Shipping Illegal discharge of oil - Oil Pollution Prevention
Canada 2002 Anyo Maru (8) $3,186
Act amount undetermined. Regulations

Maersk Gabarus Canada Shipping Illegal discharge of oil - 40 Oil Pollution Prevention
Canada 2002 $3,186
(8) Act litres. Regulations

EBN Al Waleed Canada Shipping Illegal discharge of oil - Oil Pollution Prevention
Canada 2002 $9,558
(8) Act amount undetermined. Regulations

Canada Shipping Illegal discharge of oil - 380 Oil Pollution Prevention


Canada 2002 MV Scarab (8) $28,674
Act litres. Regulations

F/V Tide Runner Canada Shipping Illegal discharge of oil - 500 Oil Pollution Prevention
Canada 2003 $7,164
(8) Act litres. Regulations

Illegal discharge of oil and


MV Cala Canada Shipping Oil Pollution Prevention
Canada 2003 failure to report pollution $71,640
Palamos (8) Act Regulations
incident - 4300 litres.
Russian vessel discharged
Olga, Fishing Canadian Oil Pollution Prevention
Canada 2004 oil into waters under $115,545
Vessel (8) Shipping Act Regulations
Canadian jurisdiction.
Russian vessel discharged
Canadian
Canada 2004 Olga (8) oil into waters under Oil Pollution Regulations $77,030
Shipping Act
Canadian jurisdiction.

Shinei Maru Canada Shipping Illegal discharge of oil - Oil Pollution Prevention
Canada 2004 $61,624
No.85 (8) Act 10,000 litres. Regulations

Pleasure Craft Canada Shipping Gasoline leak in bilge/ Oil Pollution Prevention
Canada 2004 $308
#15A2597 (8) Act dangerous operation. Regulations

Atlantic Poplar Canada Shipping


Canada 2004 Illegal discharge of garbage. $2,311
(8) Act

30
Alexandritovy Canada Shipping Illegal discharge of oil; failure Oil Pollution Prevention
Canada 2004 2 $26,961
(M/V) (8) Act to report a pollution incident. Regulations

DSV West Canada Shipping Illegal discharge of oil - 277 Oil Pollution Prevention
Canada 2004 $46,218
Navion (8) Act litres. Regulations

M/V Retriever Canada Shipping Illegal discharge of oil - Oil Pollution Prevention
Canada 2004 $5,777
(tug) (8) Act amount undetermined, Regulations

WHALER (small Canada Shipping Illegal discharge of pollutant - Oil Pollution Prevention
Canada 2005 $3,245
vessel) (8) Act approx. 20 litres. Regulations

Norman McLeod Canada Shipping Illegal discharge of pollutant - Oil Pollution Prevention
Canada 2005 $12,170
(Oil Barge) (8) Act approx. 10 litres. Regulations

Etendard (F/V) Canada Shipping Oil Pollution Prevention


Canada 2005 Illegal discharge of garbage. $2,434
(8) Act Regulations

Canada Shipping Illegal discharge of pollutant - Oil Pollution Prevention


Canada 2005 Irving Eskimo (8) $12,170
Act amount not determined. Regulations

Illegal discharge of oil;


Hime Maru Canada Shipping Master charged for ORB Oil Pollution Prevention
Canada 2005 $48,678
No.38 (8) Act violations and for failure to Regulations
report pollution incident.

M/V Fas
Mauritius 1997 Ports Act Not specified - oil pollution 15,655
Columbo (15)

M/V Cape Flower


Mauritius 1997 Ports Act Not specified - oil pollution 6,491
(15)

M/V Cisne Verde


Mauritius 1997 Ports Act Not specified - oil pollution 1,071
(15)

31
Prosecution
Discharge of diesel, hydraulic RMA - s.15B Discharge of
Won Fisheries Resource brought by
New Zealand 1999 oil from commercial fishing harmful substances from $10,592 Ship grounded.
Co Ltd (16) Management Act Maritime Safety
ship into CMA. ships or offshore installations.
Authority.
Discharge of petroleum, from
Thalassic RMA - s.15 Discharge of
Resource ship into Whangarei Harbour;
New Zealand 2000 Steamship multiple contaminants into the $9,616
Management Act carelessness and inadequate
Agency Inc (16) environment.
maintenance cited as cause.
Panela Discharge of petroleum, from
RMA - s.15 Discharge of
Corporation & Resource ship into Whangarei Harbour;
New Zealand 2000 multiple contaminants into the $19,232
Captain H Management Act carelessness and inadequate
environment.
Ferentinos (16) maintenance cited as cause.
RMA - s.15 Discharge of
Beluga Shipping Resource Discharge of oil to harbour
New Zealand 2001 contaminants into the $6,318
GMBH (16) Management Act while transferring oil to ship.
environment.
Song San spilled 1,201
tonnes of slop oil in the Not specified - oil pollution
Dong Sheng
Singapore Strait in August offence; also faced 124
Tankers Pte - Prevention of
Singapore 1997 1996. The oil stranded over multiple charges of failing to record oil $269,960 Guilty plea
owners of Song Pollution Sea Act
extensive areas of operations - 10 of these were
San (19)
Singapore’s water and proceeded against.
beaches.
Song San spilled 1,201
tonnes of slop oil in the Not specified - oil pollution 3 months imprisonment on oil
Captain Brendon
Singapore Strait in August offence; also faced 10 $269,960 spill charge. 10 months total
Allan Monteiro - Prevention of
Singapore 1997 1996. The oil stranded over multiple charges of failing to record oil 5 1/2 months on record charges, but each to Guilty plea.
master of Song Pollution Sea Act
extensive areas of operations; one charge of incarceration. run consecutively; 2 weeks on
San (19)
Singapore’s water and misleading investigators. misleading investigators.
beaches.
Song San spilled 1,201
tonnes of slop oil in the
Ocean Tankers Singapore Strait in August
Prevention of
Singapore 1997 Pte. Ltd - agents 1996. The oil stranded over 1 Oil pollution offence. $269,960 Guilty plea.
Pollution Sea Act
of Song San (19) extensive areas of
Singapore’s water and
beaches.

Prevention of Collision with speeding 3 months incarceration for


Singapore 1997 T/V Evoikos (19) Oil pollution offence. $36,600
Pollution Sea Act empty tanker (Orapin Global). Evoikos captain.

32
Orapin Global Prevention of Collision with tanker T/V 2 months incarceration for
Singapore 1997 Oil pollution offence. $6,700
(19) Pollution Sea Act Evoikos. Orapin Global captain.

Grounding on rock outside


T/V Ocean Prevention of $580 for third officer; $145 for
Singapore 1998 shipping lanes - 400 tonnes Oil pollution offence. $725
Gurnard (20) Pollution Sea Act master.
of marine gas oil spilled.
Klyne Tugs, Ltd.
Oil spill caused by faulty oily Merchant Shipping Fined reduced
- owners of Merchant Shipping Prosecution costs ordered -
United Kingdom 1998 water separator and faulty (Prevention of Oil Pollution) $41,425 from $57,995
Anglian Duke Act $3,529
wiring on the alarm system. Regulations on appeal.
(24)
P&O Nedloydm -
Spotted by Dutch Merchant Shipping
owners of carrier Merchant Shipping Prosecution costs ordered -
United Kingdom 1998 surveillance aircraft trailing (Prevention of Oil Pollution) $28,169
Resolution Bay Act $3,314
an 80-km oil slick. Regulations
(24)
John H. Whitaker
Merchant Shipping
Tankers - owners Merchant Shipping Twp separate oil spills off the Prosecution costs ordered -
United Kingdom 1998 2 (Prevention of Oil Pollution) $33,140
of Whitstar and Act coast of Kent. $9,411
Regulations
Whitspray (24)
Merchant Shipping
Merchant Shipping Illegal discharge of 3 tonnes
United Kingdom 1998 T/V Havrim (27) (Prevention of Oil Pollution) $56,338
Act of waste oil.
Regulations
Caught spilling oil 40 km off
Seatide Shipping the Norfolk, UK, coast - oil Merchant Shipping
Merchant Shipping Prosecution costs ordered -
United Kingdom 1999 Ltd - owners of slik 4.8 km long. Evidence (Prevention of Oil Pollution) $40,425
Act $1,924
Sirte Star (25) was led that the engine room Regulations
bilges had been dumped.
Spotted by a Dutch
Johnson Sea surveillance aircraft
Merchant Shipping
Enterprises - Merchant Shipping discharging an oily mixture Prosecution costs ordered -
United Kingdom 1999 (Prevention of Oil Pollution) $14,553
owners of Liliane Act into the sea. The slick $1,552
Regulations
J (25) measured approximately 9
km.
Lindos Shipping
Spotted by Dutch Merchant Shipping
Co. - owners of Merchant Shipping Prosecution costs ordered -
United Kingdom 1999 surveillance aircraft trailing a (Prevention of Oil Pollution) $12,128
carrier Luckyman Act $1,552
30-km oil slick. Regulations
(24)
Anax Oil Pollution Act; Discharged 175 tonnes of oil Multiple criminal charges $1,231,738 for the costs of
United States 1998 International Endangered off California. The discharge multiple resulting, including negligent $2,463,475 cleanup and investigation; fine
Agencies of Species Act; created a 24-km oil slick. discharge of oil. will go into the Oil Spill

33
Greece - National Marine Over 180 birds, including Liability Trust Fund; $5.5
owner/operator Sanctuaries Act brown pelicans, an million for rehabilitation and
of T/V Command endangered species, were restoration; $200,000 to the
(29) killed as a result of oiling. Endangered Species Reward
Two marine sanctuaries were Fund.
affected.
Spilled 19 litres of diesel fuel
Holland America
United States 1999 Oil Pollution Act into the harbour at Juneau, $250
Lines (29)
Alaska
An estimated 204 tonnes of First federal
Act to Prevent Two years probation;
Frances Hammer oily waste (slop) were Intentional illegal oil prosecution for
United States 1993 Pollution From $50,000 $200,000 in restitution; issue a
(29) dumped en route from discharge on the high seas pollution on the
Ships public apology.
Europe to Flordia. high seas.
Two tanks overflowed during
13 violations of bunkering
United States 1998 M/V Anadyr (30) Not specified. port bunkering operations. 26 $182,000
rules.
tonnes.

T/V Command Alleged bunker discharge - $750,000 fine for the owner;
United States 1998 Not specified. $1,500,000
(30) 175 tonnes. $750,000 fine for the captain.

Noordma (cruise Illegal discharge due to fuel


United States 1999 Not specified. $250 $250 fine.
ship) (30) line leak - 0.02 tonnes.

Pollution – Water

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Water pollution - condensate


Protection of the
Australia BHP Steel (AIS) from a gas pipe which
2001 Environment POEO Act - s.120(1) $31,092 Prosecution costs ordered.
(NSW) Pty Limited (1) ultimately was discharged
Operations Act
into Allen’s Creek.
Boral Resources
Australia Polluted waters with liquid
2001 (QLD) Pty Limited Clean Waters Act CWA - s.16(1) $2,591 Prosecution costs ordered.
(NSW) wastes with a pH of 10.8
(1)

34
Water pollution - collapsed
Protection of the
Australia Byron Shire wall caused 870 m3 of Prosecution costs ordered -
2001 Environment POEO Act - s.120(1) $31,092
(NSW) Council (1) leachate with approximately $2,098
Operations Act
22 m3 of sediment to escape.
CSR Ltd trading Protection of the Willfully or negligently caused
Australia Prosecution costs ordered -
2001 as CSR Environment effluent from a manufacturing POEO Act - s.6(1) $124,368
(NSW) $51,820
Woodpanels (1) Operations Act plant to leak.
Johnson and Protection of the Water pollution - liquid waste
Australia Prosecution costs ordered -
2001 Johnson Pacific Environment with a ph level over 8.5 POEO Act - s.120(2) $13,214
(NSW) $2850
Pty Ltd (1) Operations Act overflowed a storm drain.
Water pollution - discharging
Port Kembla Protection of the
Australia seawater mixed with
2001 Copper Pty Ltd Environment POEO Act - s.120(1) $17,619 Prosecution costs ordered.
(NSW) sulphuric acid having an
(1) Operations Act
approximate pH value of 3.
Protection of the Two separate
Australia Simplot Australia Prosecution costs ordered -
2001 Environment Water pollution - food waste. 2 POEO Act - s.120(1) $31,092 incidents heard
(NSW) Pty Ltd (1) $8,550
Operations Act together.
Supreme Poultry Protection of the
Australia Water pollution - liquid waste Prosecution costs ordered -
2001 & Chickens Pty Environment 3 POEO Act - s.120(1) $35,238
(NSW) from processing chickens. $3238
Ltd (1) Operations Act
Protection of the
Australia Timber Industries Water pollution - waste water
2001 Environment POEO Act - s.120(1) $10,364 Prosecution costs ordered.
(NSW) Ltd (1) from a timber mill.
Operations Act
Protection of the Water pollution - organic
Australia Transfield Pty Ltd
2001 Environment material and suspended POEO Act - s.120(1) $6,478 Prosecution costs ordered.
(NSW) (1)
Operations Act solids.
Protection of the Water pollution - waste water
Australia Boral Resources
2002 Environment from a concrete batching POEO Act - s.120(1) $10,882 Prosecution costs ordered.
(NSW) (NSW) Pty Ltd (1)
Operations Act plant.
Protection of the
Australia Water pollution - waste water Prosecution costs ordered -
2002 Collex Pty Ltd (1) Environment POEO Act - s.120(1) $13,330
(NSW) from a landfill site. $5168.
Operations Act
Duke Eastern Protection of the Water pollution - sediment
Australia
2002 Gas Pipeline Pty Environment erosion from a construction POEO Act - s.120(1) $13,603 Prosecution costs ordered.
(NSW)
Limited (1) Operations Act site.

35
Protection of the Water pollution - 500 to 600
Australia Ecolab Pty Prosecution costs ordered -
2002 Environment liters of bleach into a storm POEO Act - s.120(1) $16,323
(NSW) Limited (1) $6,529.
Operations Act drain.
Protection of the
Australia Excel Fuels Pty Water pollution - approx 400
2002 Environment POEO Act - s.120(1) $13,603 Prosecution costs ordered.
(NSW) Limited (1) liters of diesel fuel.
Operations Act
Water pollution - some 1,625
Protection of the
Australia Hy-Tec Industries to 3,250 liters of waste
2002 Environment POEO Act - s.120(1) $13,603 Prosecution costs ordered.
(NSW) Pty Limited (1) waters from concrete
Operations Act
batching plant.
Protection of the
Australia Pancorp Australia Water pollution - pesticide
2002 Environment 3 POEO Act - s.120(1) $17,411 Prosecution costs ordered.
(NSW) Pty Limited (1) spray.
Operations Act
Protection of the See Pancorp
Australia Rail Infrastructure Water pollution - pesticide
2002 Environment 3 POEO Act - s.120(1) $17,411 Prosecution costs ordered. Australia Pty
(NSW) Corporation (1) spray.
Operations Act Limited
The Crown in the Protection of the
Australia Water pollution - partially Prosecution costs ordered -
2002 right of New Environment POEO Act - s.120(1) $10,882
(NSW) treated effluent from the STP $16,323
South Wales (1) Operations Act
Protection of the
Australia Ulan Coal Mines Water pollution - approx 20 Prosecution costs ordered -
2002 Environment POEO Act - s.120(1) $8,162
(NSW) Ltd (1) tonnes of coal fines. $4080
Operations Act
Virotec Protection of the Water pollution - run-off
Australia
2002 International Environment waste water from rock mining POEO Act - s.120(1) $16,323 Prosecution costs ordered.
(NSW)
Limited (1) Operations Act operation.
Water pollution - wastewater
containing ammonia,
phosphorus and nitrogen
Abigroup Protection of the
Australia (“the wastewater”) to be
2003 Contractors Pty Environment POEO Act - s.120(1) $24,480 $10,444 prosecution costs.
(NSW) pumped to a position where
Limited (1) Operations Act
the pollutant descended or
was likely to descend into a
waterway.
Protection of the Contaminated water was
Australia Byron Shire Prosecution costs ordered.
2003 Environment discharged from the Council's POEO Act - s.120 $19,584 Guilty plea
(NSW) Council (1) Publication order.
Operations Act water treatment plant.

36
Water pollution - polluted a
Protection of the
Australia David Richard river with 32,000 liters of
2003 Environment POEO Act - s.120(1) $3,264 Prosecution costs ordered.
(NSW) Collis (1) chlorinated water while
Operations Act
disinfecting a water main.
Polluted waterways leading
Protection of the
Australia Encore Tissue to a river with paper by- Prosecutions costs ordered -
2003 Environment POEO Act - s.120(1) $13,056
(NSW) Pty Limited (1) products from recycling $6,528.
Operations Act
operations.
Protection of the Water pollution - water, sand
Australia Heggies Bulkhaul Prosecution costs ordered -
2003 Environment and silt from the quarry into a POEO Act - s.120(1) $16,973
(NSW) Limited (1) $9,792
Operations Act swamp.
Protection of the
Environment
Water pollution; employing
Operations Act;
Australia Richard John someone to transport POEO Act - s.120(1); RRTA -
2003 Road and Rail 2 $22,848 Prosecution costs ordered.
(NSW) Hopley (1) dangerous goods without a s.35(2)
Transport
license to transport them.
(Dangerous
Goods) Act
Water pollution - placed a
Jolly's Pest Protection of the pesticide in a position where
Australia
2003 Control Pty Ltd Environment it washed or was likely to be POEO Act - s.120(1) $4,896 Prosecution costs ordered.
(NSW)
(1) Operations Act washed into a storm water
drain
Lubrizol Protection of the Water pollution - storage tank
Australia Prosecution costs ordered -
2003 International Inc Environment overflowed 7,520 liters of a POEO Act - s.120(1) $10,445
(NSW) $13,056.
(1) Operations Act diesel engine additive.
Protection of the
Australia Mid Coast County Water pollution - untreated Prosecution costs ordered -
2003 Environment POEO Act - s.120(1) $19,584
(NSW) Council (1) sewage matter. $15,667
Operations Act
Protection of the Water pollution - waste water
Australia Ramsey Food
2003 Environment from the operation of an POEO Act - s.120(1) $22,032 Prosecution costs ordered.
(NSW) Processing (1)
Operations Act abattoir.
Water pollution - no sediment
Protection of the
Australia controls put in place causing Prosecutions costs ordered -
2003 TransGrid (1) Environment 4 POEO Act - s.120(1) $52,224
(NSW) large amounts of soil and $32,640
Operations Act
vegetation to enter the water.

37
Waste oils and wastewater
Australia Truegain Pty Ltd.
2003 Not specified. leaked into a storm water $4,896 Prosecution costs ordered.
(NSW) (5)
drain.

Protection of the
Australia Metziya Pty Ltd. Soil and dirt was discharged POEO Act s.120(1) Prosecution costs ordered -
2003 Environment $12,730 Guilty plea.
(NSW) (1) into water. $9,1392
Operations Act

Protection of the Water pollution and


Australia POEO Act - s.120(1) and
2004 BHP Steel Ltd.(1) Environment contravention of the 4 $51,980 Prosecution costs ordered.
(NSW) s.64(1) three counts
Operations Act conditions of a license.
Forestry Water pollution - construction
Protection of the
Australia Commission of of a dirt road in such a
2004 Environment POEO Act - s.120(1) $22,119 Prosecution costs ordered. Guilty plea
(NSW) New South Wales manner that it collapsed and
Operations Act
(1) pollutants entered a river.
Was the occupier of a
premise where a scheduled
Ordered to enter into an
activity was conducted
Protection of the agreement for the restoration
Australia without a license and water POEO Act - s.48(2) and
2004 Kevin Hines (1) Environment 2 $11,060 and enhancement of the
(NSW) pollution - pollutant was s.120(1)
Operations Act waterway. Prosecution costs
placed in a position where it
ordered.
was likely to be washed or
percolate into waters.
Did not have a license.
Protection of the
Australia Polluted Grail Creek with Fines waived in lieu of
2004 Hines (5) Environment 2 POEO Act s.120(1) and s.48(2) $18,433
(NSW) effluent containing nitrogen restoration project.
Operations Act
and phosphorous.
Protection of the Polluted two waterways with
Australia Illawarra Coke
2005 Environment oil from an open valve in a POEO Act - s.123(1) $30,820 Prosecution costs of $15,410.
(NSW) Company (1)
Operations Act coal "grinder-house".
Shall deposit or permit the
Northwest
deposit of a deleterious Public apology ordered
Canada 1990 Territories Power Fisheries Act FA - s.36(3) $12,861
substance of any type in fish (overturned on appeal).
Corp. (7)
habitat.
Shall deposit or permit the
Neptune
deposit of a deleterious
Canada 1991 Resources Corp. Fisheries Act FA - s.36(3) $13,094 Guilty plea
substance of any type in fish
(7)
habitat.

38
Shall deposit or permit the
Petro-Canada deposit of a deleterious
$23,073 under s. 79 Fisheries
Canada 1992 (See Alert Bay Fisheries Act substance of any type in FA - s.36(3) $26,920 Guilty plea
Act "profit stripping" provision.
Marine) (7) habitat - overfilling caused
diesel to spill into the bay.
Shall deposit or permit the
Alert Bay Marine deposit of a deleterious
$1,774 under s.79 Fisheries Act
Canada 1992 (See Petro- Fisheries Act substance of any type in fish FA - s.36(3) $2,071 Guilty plea
"profit stripping" provision.
Canada) (7) habitat - overfilling caused
diesel to spill into the bay.
Shall deposit or permit the
Shell Canada deposit of a deleterious
Canada 1992 Fisheries Act FA - s.36(3) $53,840 Guilty plea
Products Ltd. (7) substance of any type in fish
habitat.
Northwest Shall deposit or permit the
$33,132 under s.79 of the
Territories deposit of a deleterious
Canada 1992 Fisheries Act FA - s.36(3) $73,719 Fisheries Act ”profit stripping”
(Commissioner) substance of any type in fish
provision.
(7) habitat.
Shall deposit or permit the
Amoco Canada
deposit of a deleterious
Canada 1993 Petroleum Co. Fisheries Act FA - s.36(3) $19,395 Guilty plea
substance of any type in fish
Ltd. (7)
habitat.
Shall deposit or permit the
Agrifoods
deposit of a deleterious $7,758 under s.79 of the
Canada 1993 International Co- Fisheries Act FA - s.36(3) $11,637
substance of any type in fish Fisheries Act - profit stripping.
operative Ltd. (7)
habitat.
Shall deposit or permit the
Echo Bay Mines deposit of a deleterious
Canada 1993 Fisheries Act FA - s.36(3) $38,790 Guilty plea
Ltd. (7) substance of any type in fish
habitat.
Shall deposit or permit the
$3,879 under s.79 of the
Boise Cascade deposit of a deleterious
Canada 1993 Fisheries Act FA - s.36(3) $7,758 Fisheries Act "profit stripping"
Canada Ltd. (7) substance of any type in fish
provision.
habitat.
Shall deposit or permit the Agreement for
deposit of a deleterious The entire fine under s.79 of the "remediation"
Canada 1998 Givens (7) Fisheries Act FA - s.36(3) $20,250
substance of any type in fish Fisheries Act - profit stripping. cited for lower
habitat. fine.

39
Shall deposit or permit the
Harrison Hot
deposit of a deleterious
Canada 1998 Springs Hotel Ltd. Fisheries Act 2 FA - s.36(3) $10,125
substance of any type in fish
(7)
habitat.
Shall deposit or permit the
$81,000 under s.79 of the
deposit of a deleterious
Canada 1998 Domtar Inc. (7) Fisheries Act 4 FA - s.36(3) $118,125 Fisheries Act "profit stripping”
substance of any type in fish
provision.
habitat.
Irving Pulp & Shall deposit or permit the
Paper deposit of a deleterious
Canada 2000 Fisheries Act FA - s.36(3) $20,217
(Cavendish substance of any type in fish
Farms) (7) habitat.
Deposited sandblasting grit
Dartmouth residue, a deleterious $58,149 paid into the
Canada 2001 Fisheries Act FA - s.36(3) $61,380
Marine Slips (6) substance, into Dartmouth Environmental Damages Fund.
Cove.
Shall deposit or permit the
$17,910under s.79 of the
City of Moncton deposit of a deleterious
Canada 2003 Fisheries Act FA - s.36(3) $25,074 Fisheries Act "profit stripping"
(7) substance of any type in fish
provision.
habitat.
Depositing a deleterious
substance into Frozenman A "significant portion" of the Also charged
Canadian 88
Canada 2003 Fisheries Act Creek - 92,000 liters (68,000 FA - s.36(3) $107,460 penalty will be paid to the under provincial
Energy Corp (6)
kilograms) of hydrocarbon Environmental Damages Fund. legislation.
condensate.
Depositing a deleterious
substance - a release of
Irving Aviation 4000 liters of jet fuel into a $6,805 of the money into the
Canada 2003 Fisheries Act FA - s.36(3) $7,164
Services (6) place where it was likely to Environmental Damages Fund.
enter waters frequented by
fish.
Construct and have a fully
City of Dawson Depositing a deleterious operational a secondary sewage
Canada 2003 Fisheries Act FA - s.36(3) $3,582
(6) substance – sewage. treatment plant by September 1,
2004.
Shall deposit or permit the
$21,183 under s. 79 of the
Irving Pulp & deposit of a deleterious
Canada 2004 Fisheries Act FA - s.36(3) $23,109 Fisheries Act "profit stripping"
Paper Limited (7) substance of any type in fish
provision.
habitat.

40
$19,257to be directed to
Shall deposit or permit the
environmental research by the
deposit of a deleterious
Biology Department of the
Irving Pulp and substance of any type in fish
Canada 2004 Fisheries Act FA - s.36(3) $23,109 University of New Brunswick in
Paper (6) habitat - deposited untreated
Saint John and $3851 to be paid
paper mill effluent into Little
into the Environmental Damages
River.
Fund.
$15,406 in costs; $38,515 paid
Shall deposit or permit the into the Environmental Damages
deposit of a deleterious Fund. Court order to have its
City of North substance of any type in fish new wastewater treatment plant
Canada 2004 Fisheries Act FA - s.36(3) $61,624
Battleford (6) habitat - sewage spills at the in operation by November 30,
North Battleford wastewater 2005, or face a $19,257 fine for
treatment plant in 2003. every subsequent month that the
plant is not in operation.
Shall deposit or permit the
deposit of a deleterious
George M. substance of any type in fish
$9,859 paid into Environmental
Canada 2004 Caseley & Sons Fisheries Act habitat - allowing pesticide FA - s.36(3) $12,710
Damages Fund.
Inc (6) contaminated soil and water
run-off to enter the Wilmot
River at Norboro.
Shall deposit or permit the
deposit of a deleterious $15,406 to be paid into the
J.M. Schneider substance of any type in fish Grand River Conservation
Canada 2004 Fisheries Act FA - s.36(3) $23,109
Inc (6) habitat - illegally depositing Authority’s “Fisheries
deleterious effluent into the Management Plan.”
Nith River.
Shall deposit or permit the
deposit of a deleterious
Emera Fuels Inc $11,554 paid into Environmental
Canada 2004 Fisheries Act substance of any type in fish FA - s.36(3) $15,406
(6) Damages Fund.
habitat - hundreds of liters of
diesel fuel.
Shall deposit or permit the
Federated Pipe deposit of a deleterious $150,208 paid into
Canada 2004 Fisheries Act FA - s.36(3) $154,060
Lines Ltd. (6) substance of any type in fish Environmental Damages Fund.
habitat - crude oil spill.
Newfoundland
A quantity of marine diesel $4,056 paid into the
Canada 2005 Recycling Limited Fisheries Act FA - s.36(3) $12,170
was released into the waters. Environmental Damages Fund.
(6)

41
Shall deposit or permit the
Newfoundland
deposit of a deleterious $4,056 paid into Environmental
Canada 2005 Recycling Limited Fisheries Act FA - s.36(3) $12,170
substance of any type in fish Damages Fund
(6)
habitat - marine diesel leak.
Shall deposit or permit the
$56,791 paid into Environmental
deposit of a deleterious
Damages Fund. Court order to
Akzo Nobel substance of any type in fish
Canada 2005 Fisheries Act FA - s.36(3) $64,904 improve their material safety
Chemicals (6) habitat - 1400 liters of
data sheets and employee
Redicote C-2914 into South
training.
Saskatchewan River.
The Supreme Court ordered
municipalities to increase the
The pollution of the river size of sewers lines; construct
Ganga was considered a new sewers and public latrines;
Union of India Public Interest
India 1988 "widespread" and Writ Petition No.3721 of 1985. Court Order take action against and prevent
(11) Litigation
"indiscriminate" public future industrial pollution;
nuisance. education of the importance of
cleanliness and the national
environment.
Public interest petition for
preventing owners of The Supreme Court ordered that
Union of India
Public Interest tanneries around the city of operation of these tanneries be
India 1988 (Kanpur Writ Petition No.3727 of 1985. Court Order
Litigation Kanpur from discharging stopped till they installed a
Tanneries) (11)
effluents from their factories primary treatment plant.
into the river Ganga.
Spans Motel was granted a
The Supreme Court quashed the
lease on public lands on the
lease, ordered the Motel to pay
banks of the River Beas.
Spans Motel, Public Interest for the restitution of the
India 1996 Spans Motel carried out Court Order
Kamal Nath (13) Litigation environment, and the removal of
substantial work (dredging,
the various constructions and
barriers, wire crates) to
pollution.
deflect the river.
Acquitted at
Discharged untreated effluent
Jai Bharat Wollen trial; fine
into an open drain in Panipat $95 on the firm; $79 on its
India 1993 Finishing Works The Water Act $174 imposed by
city without obtaining manager.
(13) High Court on
consent.
appeal.
State of Madhya Petition moved by a Directed municipal authorities to
Pradesh Public Interest physician concerned by the cover an open drain, build public
India 1994 Court Order
(Municipalities) Litigation death of 12 children due to latrines, ensure drinking water
(13) unsanitary conditions. was not contaminated. State

42
public health authorities directed
to do a vaccination programme
and distribute chlorine tablets.

NZ Co-operative Discharge of caustic soda RMA - s.15 Discharge of


New Resource
1994 Dairy Co Ltd28 from dairy factory killing contaminants into the $11,888
Zealand Management Act
(16) 1500–1700 eels, and 22 fish. environment.
Discharge of timber treatment
chemicals to stream killing
RMA - s.15 Discharge of
New Machinery Resource 100 nesting wild ducks,
1994 contaminants into the $21,156 Costs of $6,296 ordered. Conviction.
Zealand Movers Ltd (16) Management Act medical treatment required
environment.
for people who assisted
ducks.
Ritchie's Transport company, RMA - s.15 Discharge of
New Resource
1995 Transport Limited discharge of detergents, oil contaminants into the $11,821
Zealand Management Act
(16) diesel to stream. environment.
Discharge of soy oil to stream Guilty plea;
RMA - s.15 Discharge of
New Ings Trading Co Resource which discharged to Solicitor’s costs "to scale" appeal of
1995 contaminants into the $4,925
Zealand Ltd (16) Management Act Manukau Harbour. Ducks ordered. sentence
environment.
coated with oil. dismissed.
RMA - s.15 Discharge of Fine reduced
New Taringamutu Resource 200 chicken carcasses
1995 contaminants into the $3,940 from $7,223 on
Zealand Holdings (16) Management Act dumped into stream.
environment. appeal.
Discharge of drilling mud,
Petrocorp RMA - s.15 Discharge of
New Resource crude oil, hydrocarbons and
1996 Exploration Ltd contaminants into the $34,410
Zealand Management Act other contaminants from oil
(16) environment.
rig into stream.
RMA - s.15 Discharge of
New Resource Discharge of cowshed
1996 Spence (16) contaminants into the $1,376
Zealand Management Act effluent.
environment.
Ritchie's RMA - s.15 Discharge of
New Resource Discharge of detergents, oil
1997 Transport Limited contaminants into the $11,925
Zealand Management Act diesel to stream.
(16) environment.
Discharge of petrol from
petrol station - 2000-2500 RMA - s.15 Discharge of
New BP Oil New Resource
1997 liters of fuel escaped into the contaminants into the $13,250
Zealand Zealand Ltd (16) Management Act
forecourt and then into the environment.
storm water system.

43
Discharging treated sewage
Central Hawkes RMA - s.15 Discharge of
New Resource effluent greatly in excess of
1998 Bay District contaminants into the $8,058
Zealand Management Act biological oxygen demand
Council43 (16) environment.
limit in discharge consent.
Discharge of contaminant
McBreen Jenkins RMA - s.15 Discharge of
New Resource (rock, sediment, soil) into Guilty plea
1998 Construction Ltd contaminants into the $7,521
Zealand Management Act waterway from quarry. (late).
(16) environment.
Continuing offence.
Ritchies Discharge of oil, detergents RMA - s.15 Discharge of
New Resource
1999 Transport Ltd, and diesel from bus wash contaminants into the $7,944
Zealand Management Act
(16) into storm water system. environment.
JMC Ritchie & AJ
Ritchie -
Discharge of oil, detergents RMA - s.15 Discharge of
New operators of Resource
1999 and diesel from bus wash 1 each contaminants into the $15,888 Costs ordered.
Zealand Ritichies Management Act
into storm water system. environment.
Transport Ltd.
(16)
Vegetable processing
RMA - s.15 Discharge of
New Resource business, discharge of Conviction (jury
1999 Weatherall (16) contaminants into the 150 hours 150 hours of community service.
Zealand Management Act washing water to storm water trial).
environment.
drain.
Excell Discharge of hydrocarbons RMA - s.15 Discharge of
New Resource
2000 Corporation Ltd. into storm water system - contaminants into the $7,784
Zealand Management Act
(16) continuing offence. environment.
RMA - s.15 Discharge of
New AFFCO Allied Resource Discharge of trade wastes to
2000 contaminants into the $7,326
Zealand Products Ltd (16) Management Act storm water system.
environment.
Earthworks contractor RMA - s.15 Discharge of
New HEB Contractors Resource Ordered to pay clean up costs of
2000 discharged sediment into 2 contaminants into the $18,316
Zealand Ltd (16) Management Act $13,737.
stream and onto beach. environment.
Failed to keep closed a
valve, allowing dyes to
escape and enter a local
Medi-Chem RMA - s.15 Discharge of
New Resource waterway; sediment,
2005 Waste Services 2 contaminants into the $14,933
Zealand Management Act containing heavy metals,
Ltd (16) environment.
flowed off the company's rear
yard onto a neighboring
property.

44
Corroded pipe released 156 Guilty plea.
United Environmental
1990 Shell (26) tonnes of crude oil. Seven 1,785,000 Shell paid clean
Kingdom Protection Act
tonnes entered a river. up costs.
Environmental
ICI Chemicals
United Protection Act; 147 tonnes of chloroform Prosecution costs ordered -
1998 and Polymers EPA s.6(1); WRA s.85(1) 497100 Guilty plea
Kingdom Water Resources escaped from a pipeline. $84,825 costs.
(26)
Act
Underground storage tank
United TotalFinaELF UK Water Resources leaks approx 10,000 liters of Prosecution costs ordered -
2002 3 WRA s.85(1) - water pollution $81,216 Guilty plea
Kingdom (26) Act fuel; a nearby water supply $6,170
was contaminated.
Large oil tank appears to
United EE Pilgram and Water Resources have been vandalized, Prosecution costs ordered -
2003 WRA s.85(1) - water pollution $13,080 Guilty plea
Kingdom Son (26) Act spilling an unknown amount $2,189 in costs.
of diesel.
Failed to check and maintain
United Severn Trent Water Resources an underground pipe; it Prosecution costs ordered -
2003 WRA s.85(1) - water pollution $3,270 Guilty plea
Kingdom Water Ltd. (26) Act leaked oil into a nearby $2,035
creek.
Caused construction run-off
containing high
United SB Homes Ltd Water Resources WRA s.85(1) and 85(6) - water Prosecution costs ordered -
2004 concentrations of suspended $3,666 Guilty plea
Kingdom (25) Act pollution offences. $1,457
solids to enter Wessenden
Brook .
Discharged sewage effluent
Macepark
United Water Resources outside the parameters of WRA s.85(6) water pollution Prosecution costs ordered -
2004 (Whittlebury) Ltd 5 $22,913 Guilty plea.
Kingdom Act their consent conditions - it offences. $2,830.
(25)
was only partially treated.
A generator filter at the
sewage treatment works was
United Southern Water Water Resources leaking and around 14,000 WRA s.85 water pollution Prosecution costs ordered -
2004 $13,748
Kingdom (25) Act litres of diesel had been lost; offences. $2181.
approx 2000 liters entered a
local river.
A loose cover on an outlet
United South West Water Resources pipe caused the continued WRA s.85(3) - discharging Prosecution costs ordered
2004 $4,583
Kingdom Water (25) Act leaking of sewage into sewage into controlled waters $2,016
Boscastle Harbour

45
United Barton Grange Water Resources Polluting a local stream with Prosecution costs ordered -
2004 WRA s.85(1) - water pollution $8,249 Guilty plea.
Kingdom Group (25) Act sewage effluent. $2,346

Trade effluent from the


Water Resources company’s brewery had
Felinfoel Brewery
United Act; Salmon entered the River Lliedi WRA s.85(1) - water pollution Prosecution costs ordered -
2004 Company Limited 2 $7,332 Guilty plea.
Kingdom Freshwater causing the deaths of a > 396 and SFFA s. 4 $3,955
(25)
Fisheries Act fish in a 1,000 meter stretch
of the river.
Four charges related to water
Dowtherm, a heat transfer oil,
pollution offences;
United Kronospan had been allowed to enter Prosecution costs ordered -
2004 Not specified. 8 contravention of conditions of $109,980 Guilty plea.
Kingdom Limited (25) the surface water $13,408
its consent to discharge effluent
management system.
into the river
B Taylor and A 50 gallon drum of red-
United Water Resources Prosecution costs ordered -
2004 Sons Transport diesel spilt and drained into a WRA s.85(1) - water pollution $18,330 Guilty plea.
Kingdom Act $4,483
(26) river.
Using the wrong type of
storage tank caused
CSC Crop
United Water Resources ammonia sulphate to enter Prosecution costs ordered -
2004 Protection Ltd WRA s.85(1) - water pollution $18,330 Guilty plea.
Kingdom Act an unnamed tributary of $1,215
(26)
Hutton Beck, killing
thousands of fish.
Caused trade or sewage
effluent to be discharged into
United Anglian Water Water Resources WRA s.85(3) - discharging Prosecution costs ordered -
2004 controlled waters namely a 2 $60,306 Guilty plea.
Kingdom Services (25) Act sewage into controlled waters $1,576
tributary of the River Great
Ouse.
Abattoir effluent had entered
United Owen G Owen Water Resources controlled waters due to a Prosecution costs ordered -
2004 WRA s.85(1) - water pollution $7,332
Kingdom Limited (25) Act puncture in an effluent $1,865
storage tank.
A blockage in the foul sewer
United Thames Water Water Resources meant that sewage flowed WRA s.85(3) - discharging Prosecution costs ordered -
2004 $21,996
Kingdom Ltd (25) Act through the overflow and into sewage into controlled waters $1,869
a local river.
Caused vegetable wash
United KH Taylor Ltd Water Resources Prosecution costs ordered -
2004 water, to enter a tributary of WRA s.85(1) - water pollution $9,165
Kingdom (25) Act $3,253
the Whitewater Drain.

46
Sewage effluent was pumped
into the river for at least an
United Southern Water Water Resources WRA - not specified. Either Prosecution costs ordered -
2004 hour and was being $9,165
Kingdom (25) Act s.85(1) or s.85(3). $2,404
discharged for a further two
hours.
A tree broke a sewer pipe WRA s.85(3) - discharging
Dwr Cymru Cyf
United Water Resources and the temporary pipe/pump sewage into controlled waters Prosecution costs ordered -
2004 (Welsh Water) 7 $11,915 Guilty plea.
Kingdom Act was installed suffered (6 counts); failing to comply $5,632
(25)
mechanical problems. with a Works Notice
Act as sewerage agents for
Petrofac Facilities
United Water Resources Dwr Cymru Cyf - they were WRA s.85(3) - discharging Prosecution costs ordered -
2004 Management 6 $10,998 Guilty plea.
Kingdom Act responsible for the actual sewage into controlled waters. $5,559
Limited. (25)
maintenance work.
Sewage effluent polluted a
United Thames Water Water Resources Prosecution costs ordered -
2004 local brook killing 3,000- WRA s.85(1) - water pollution $27,495 Guilty plea
Kingdom Utilities Ltd (26) Act $7,013 in costs.
4,000 fish.
Express Potato Discharge of trade effluent
United Water Resources Prosecution costs ordered -
2004 Supply Limited into a stream - killed WRA s.85(1) - water pollution $7,332 Guilty plea
Kingdom Act $1,493
(26) hundreds of fish.

United Treveluge Water Resources Broken pipe leaks 400 litres Prosecution costs ordered -
2004 WRA s.85(1) - water pollution $2,750
Kingdom Holiday Park (25) Act of fuel. $3,574

United Severn Trent Water Resources Contaminated tributary with Prosecution costs ordered -
2004 WRA s.85(1) - water pollution $9,165
Kingdom Water Ltd. (26) Act diesel/fuel oil. $3,666

Pump failure - sewage and


United Parkdale Water Resources Prosecution costs ordered -
2004 battery effluent overflow into WRA s.85(1) - water pollution $36,660
Kingdom Investments (26) Act $25,460
a nearby brook.
26 tonnes of diesel from
United HECM Customer Water Resources Prosecution costs ordered -
2004 underground storage facility WRA s.85(1) - water pollution $13,748
Kingdom Services (26) Act $4,868
leaked into brook.
400 litres of toxic lubricant
Basildon
United Water Resources polluted one kilometer of a Prosecution costs ordered -
2004 Chemical WRA s.85(1) - water pollution $18,330
Kingdom Act waterway killing approx. 350 $3506
Company (26)
fish.

47
United Souther Water Water Resources Diesel tank leaked oil and Prosecution costs ordered -
2004 WRA s.85(1) - water pollution $18,330
Kingdom Services(26) Act contaminated ground water. $2804

Untreated sewage entered


United Yorkshire Water Water Resources Prosecution costs ordered -
2004 Pocklington Beck killing WRA s.85(1) - water pollution $6,416
Kingdom (26) Act $1,127
approx 2,000 fish.

United Thames Water Water Resources Diesel oil leaked from oil tank Prosecution costs ordered -
2004 WRA s.85(1) - water pollution $13,748
Kingdom (26) Act at a sewage plant. $17,475

George Devers,
Using premises at Woodside
Paul Devers, 180 hours community service
Farm for the slaughter of WRA s.85(1) - water pollution;
Thomas Devers, each, except for Paul Devers,
United Water Resources poultry without being Poultry Meat, Farmed Game
2005 Iain Unsworth, $928 who was fined $928. Guilty plea
Kingdom Act licensed; caused a local Bird Meat and Rabbit Meat
Anthony Owens Prosecution costs ordered -
stream to be polluted with (Hygiene Regulations)
and Brian $2784.
blood.
Gardner (25)
Failure to control
contaminated farmyard runoff
United Water Resources WRA s.85(6) water pollution conditional Prosecution costs ordered -
2005 David Dew (25) water due to poor Guilty plea.
Kingdom Act offences. discharge $2,162
management and inadequate
storage facilities.
Blockage caused a very large
balancing tank to fill and
United Thames Water Water Resources WRA s.85(1) water pollution Prosecution costs ordered -
2005 overflow, polluting a river $92,800
Kingdom Utilities Ltd (25) Act offences. $15,349
with undiluted sewage which
killed more than 8,000 fish.
Cummins Engine Causing poisonous, noxious
United Water Resources WRA s.85(1) water pollution Prosecution costs ordered -
2005 Company Ltd or polluting matter to enter $9,280
Kingdom Act offences. $5,367
(25) controlled waters.
Causing poisonous, noxious
United Water Resources WRA s.85(1) water pollution Prosecution costs ordered -
2005 Mark Hewitt (25) or polluting matter to enter $7,424 Guilty plea.
Kingdom Act offences. $3,712
controlled waters.
Water Resources A combined sewage overflow
United Dwr Cymru Act; Salmon and discharge caused by a WRA s.85(1) water pollution Prosecution costs ordered -
2005 2 $3,712 Guilty plea.
Kingdom Welsh Water (25) Freshwater blockage resulted in the offences; SFFA s.4 $5,243
Fisheries Act death of over 100 fish.

48
Liquid and sludge waste
which was being spread on WRA s.85(1) and (6) water
fields ran into Cringle Brook pollution offences - causing
United WRG Waste Water Resources Prosecution costs ordered -
2005 polluting what was normally a poisonous, noxious or polluting $11,136 Guilty plea.
Kingdom Services Ltd (25) Act $5,568
high quality watercourse matter to enter controlled
designated as a salmon waters
fishery.
Breach conditions of their WRA s.85 water pollution
United Kronospan Water Resources license for the discharge of offences - causing poisonous, Prosecution costs ordered -
2005 5 $46,400 Guilty plea.
Kingdom Limited (25) Act contaminated surface water noxious or polluting matter to $14,328
from the site. enter controlled waters
Miller House sewage system
was not fitted with the proper WRA s.85 water pollution
Miller Homes
United Water Resources valve and raw sewage offences - causing poisonous, Prosecution costs ordered -
2005 developer of $18,560
Kingdom Act overflowed into a local creek, noxious or polluting matter to $1,772
Miller House. (25)
polluting it up to 1 km down enter controlled waters.
stream.
Constructed the Miller House
WRA s.85 water pollution
Enderby sewage system and did not
United Water Resources offences - causing poisonous, Prosecution costs ordered -
2005 Construction install the required valve - its $25,056
Kingdom Act noxious or polluting matter to $1,772
Limited (25) absence caused the overflow
enter controlled waters
of raw sewage.

United Rialto Homes Water Resources Allowing silt to pollute the Not specified - most likely s.85 Prosecution costs ordered -
2005 $27,840 Guilty plea.
Kingdom Limited (25) Act tributary and the river. for water pollution offences. $3,088

WRA s.85 water pollution


United Imerys Minerals Water Resources China clay leaked into a offences - causing poisonous, Prosecution costs ordered -
2005 $2,227 Guilty plea.
Kingdom Ltd (25) Act Cornish river. noxious or polluting matter to $1,646
enter controlled waters.
WRA s.85(1) and (6) water
Waste oils containing a dry-
Johnsons pollution offences - causing
United Water Resources cleaning solvent ran into a Prosecution costs ordered -
2005 Apparelmaster poisonous, noxious or polluting $22,272 Guilty plea.
Kingdom Act stream because of an $4.857
Ltd. (25) matter to enter controlled
overflowed tank.
waters.
1000 gallons of ink-washings
WRA s.85(1) and (6) water
Bridgeshire were lost to the surface-water
United Water Resources pollution offences - causing Prosecution costs ordered -
2005 Packaging Ltd drain; it entered a local creek, $7,424 Guilty plea.
Kingdom Act polluting matter to enter $3,569
(25) dying the water for .5 km
controlled waters.
downstream.

49
Causing sewage effluent and WRA s.85(1) and (6) water
United Spirit Group Water Resources trade effluent to enter pollution offences - causing Prosecution costs ordered -
2005 2 $11,136 Guilty plea.
Kingdom Retail Ltd, (25) Act controlled waters at a polluting matter to enter $1,583
tributary of the Exe Estuary. controlled waters.
1,500 litres of oil escaped
Prosecution costs ordered -
United Wessex Labels Water Resources from a tank after vandals WRA s.85(1) and (6) water
2005 $2,784 $2,784 costs; $3,712 in clean up Guilty plea.
Kingdom Ltd (25) Act broke a sight tube and pollution offences
costs ordered.
entered a local river.
A watercourse running next
United Water Resources to the site was full of a beige WRA s.85(1) and (6) water Prosecution costs ordered -
2005 Brian Hobill (25) $9,280 Guilty plea.
Kingdom Act sludge, later identified as pig pollution offences $3,336
feed.

United Humphrey Water Resources Pig slurry was leaked into a WRA s.85(1) and (6) water Prosecution costs ordered -
2005 $928 Guilty plea.
Kingdom Chattey (25) Act local river off Chattey's farm. pollution offences $928

Waste food in a storage area


which were leaking a trail of
United Solway Foods Water Resources WRA s.85(1) and (6) water Prosecution costs ordered -
2005 grey waste liquid into a 2 $37,120 Guilty plea.
Kingdom (25) Act pollution offences $371
surface water drain and into
a local brook.
Oil escaped from a tank and
Water Resources
Bridgend entered a surface water road
United Act; Salmon WRA s.85 water pollution Prosecution costs ordered -
2005 Industrial Estate drain that discharged to the 2 $5,568 Guilty plea.
Kingdom Freshwater offences; SFFA s.4 $1,627
(25) Nant Pontsannau and the
Fisheries Act
River Ewenny.
Deposited significant
United Baram Limited Water Resources amounts of silt on the bed of WRA s.85(1) and (6) water Prosecution costs ordered -
2005 $14,848 Guilty plea.
Kingdom (25) Act a tributary leading to the pollution offences $2,199
River Loddon.
Discharged petroleum-based Criminal
United
1999 Allen Fry (28) Clean Water Act pollutants from an UST into 2 CWA - s. 1319(c)(1)(B) $5,000 prosecution.
States
the sewer. Guilty plea.
Kizer was in charge of
employees cleaning out the Criminal
United Henry Paul Kizer CWA - s. 1319(c)(1)(B) - 36 months probation; $50
1999 Clean Water Act settling ponds when $50 prosecution.
States (28) negligent violation "special assessment fee"
wastewater containing coal Guilty plea.
slurry was discharged.

50
Negligent violation of a
Jasper and Jasper: $5,000 and 12 months Criminal
United requirement of their permit to CWA - s. 1319(c)(1)(B) -
1999 Christopher Clean Water Act 2 $7,500 probation. Christopher: $2,500 prosecution.
States collect and treat AMD in their negligent violation
Petitte (28) and 12 months probation. Guilty plea.
coal mine operation.
Knowingly violated the CWA
- had a contract with the Criminal
United Wayne Fortney CWA - s. 1319(c)(2)(A) -
1999 Clean Water Act Petitte's who did not collect 2 $50,000 60 months probation. prosecution.
States (28) knowingly violates
and treat AMD in their coal Guilty plea.
mine operation.
$35,000 for the installation of
Discharged wastewater on
Innovation equipment to monitor future Criminal
United two separate occasions CWA - s.1319(c)(2)(A) -
1999 Chemical Corp. Clean Water Act 2 $15,000 discharges from its prosecution.
States which had a pH lower than knowingly violates
(28) facility;$25,000 prosecution Guilty plea.
4.0
costs.
Had a permit to discharge
into the sewer; history of Criminal
United Brilliant Jewelers, CWA - s.1319(c)(2)(A) -
1999 Clean Water Act minor permit limit $98,000 24 months probation. prosecution.
States Inc. (28) negligent violations and
exceedances in Copper, Guilty plea.
Silver and other pollutants.
Dumped approximately 9500 Criminal
United Mid-South CWA - s.1319(c)(1) - negligent $125 "special fee assessment"
1999 Clean Water Act cubic feet of scrap metal in $150,000 prosecution.
States Terminal (28) violation and 24 months probation.
the Mississippi River. Guilty plea.
Drained wastewater from an
Criminal
United U.S. Coal, Inc. old mine without a NPDES CWA - s.1319(c)(1)(A) -
1999 Clean Water Act $19,000 $125 "special fee assessment" prosecution.
States (28) permit. The discharged negligent violation
Guilty plea
wastewater entered a creek.
Mark Mills and Bale is president of U.S.Coal Criminal
United CWA - s.1319(c)(1)(A) - $3,000 fine each plus a $25
1999 William M. Bale Clean Water Act Inc and Mills an engineer. $6,000 prosecution.
States negligent violation special fee assessment.
(28) See above. Guilty plea
Water used to wash the
Cervantes chiles was discharged into an Criminal
United CWA s.1319(c)(1) - knowingly
1999 Enterprises, Inc Clean Water Act irrigation drainage ditch $100,000 36 months probation. prosecution.
States violates
(28) which eventually empties into Guilty plea
the Rio Grande.
Cleaning out tanker trucks
CWA s.1317 - violation of toxic Criminal
United MJK Distributing, and discharging the waste
1999 and pretreatment effluent $14,073 36 months probation. prosecution.
States Inc (28) into the sanitary sewer
standards. Guilty plea
without treating it.

51
Clean Water Act;
Comprehensive Large amount of lead waste
Burlington CWA - s.1319 - knowingly Criminal
United Environmental from a rail car cleaning $7,000,000 in fines; $12,000,000
1999 Northern Railroad 3 violates (2); CERCLA s. 9603 - $7,000,000 prosecution.
States Response, operation was dumped on in clean up costs.
(28) failure to notify (1). Guilty plea.
Compensation, the grounds and into a river.
and Liability Act
Discharged heated untreated
Criminal
United Osceloa Products wastewater containing
1999 Clean Water Act CWA 1319 - knowingly violates $150,000 60 months probation. prosecution.
States Company (28) Hexane and Cotton Seed Oil
Guilty plea.
into a drainage ditch.
Discharged heated untreated
Steve Cooper, wastewater containing
$20,000 six Criminal
United President of Hexane and Cotton Seed Oil
1999 Clean Water Act CWA 1319 - knowingly violates months 24 months probation. prosecution.
States Osceloa Products into a drainage ditch -
incarceration Guilty plea.
Company (28) Cooper was president of the
company.
Discharged heated untreated
George Russell,
wastewater containing
Environmental $2,500 six Criminal
United Hexane and Cotton Seed Oil
1999 Engineer of Clean Water Act CWA 1319 - knowingly violates months 24 months probation. prosecution.
States into a drainage ditch -
Osceloa Products incarceration. Guilty plea.
Russell was the
(28)
Environmental Engineer.
Violated a requirement
imposed in a sewer system
Criminal
United Syro Steel, Inc pretreatment program by CWA s.1342(b)(8) - violates $250,000 in restitution payments
1999 Clean Water Act $750,000 prosecution.
States (28) discharging wastewater permit requirements to local water quality programs.
Guilty plea.
heavily contaminated with
zinc.
Held personally liable for $2,500 three Criminal
United Charles CWA s.1319(c)(1) - knowingly
1999 Clean Water Act violation for Syro Steel Inc.'s months Six months probation. prosecution.
States McNamee (28) violates
permit violation. incarceration Guilty plea.
Summitville
Discharging pollutants from Criminal
United Consolidated CWA - 1319(c)(2)(A) - negligent
1999 Clean Water Act the mine into Wightman Fork 35 $17,500,000 prosecution.
States Mining Company violations
and Cropsy Creek Guilty plea.
(28)
Discharging pollutants from CWA - s.1319 - knowingly
$20,000 six Criminal
United Samye N. the mine into Wightman Fork violates; also charges of
1999 Clean Water Act 16 months 54 months probation. prosecution.
States Buckner (28) and Cropsy Creek - conspiracy and false
incarceration Guilty plea
Summitville managers/owner. statements.

52
Discharging pollutants from CWA - s.1319(c)(2)(A) -
$20,000 six Criminal
United Thomas S. the mine into Wightman Fork negligent violation; also
1999 Clean Water Act 33 months 54 months probation. prosecution.
States Chisholm (28) and Cropsy Creek - charges of conspiracy and false
incarceration Guilty plea
Summitville managers/owner. statements.
Criminal
United Illegal discharge of an CWA - s.1319(c)(1) - negligent
1999 Gerhart Blain (28) Clean Water Act $10,000 6 months probation. prosecution.
States overloaded septic system. violation
Guilty plea
55-gallon drums of spent Criminal
United Jerry Dean CWA s.1319 - knowingly six months
1999 Clean Water Act solvents were disposed of on $20,032 in restitution costs. prosecution.
States Randrup (28) violates incarceration
residential land. Guilty plea.
$10,000 worth of investigatory
Criminal
United Ponderosa Dairy Discharged 1.7 million CWA s.1319 - negligent equipment for donation; $6,915
1999 Clean Water Act $200,000 prosecution.
States (28) gallons of dairy waste water. violations. in restitution; 36 months
Guilty plea.
probation.
Discharged 1.7 million
Criminal
United Eric Goedhart gallons of dairy waste water - CWA s.1319 - negligent
1999 Clean Water Act $5,000 36 months probation. prosecution.
States (28) Goedhart was the manager violations
Guilty plea.
of the operation.
Criminal
36 months probation for the
Discharged waste water used prosecution.
United Gregg's Diesel CWA s.1319 - negligent company and Mr. Gregg; $3,000
1999 Clean Water Act for cleaning diesel engines $8,000 Guilty plea to
States Service (28) violations of the fine from Mr. Gregg
without approval. one count (plea
personally.
bargain)
Dumping fish processing
wastewater onto the ground Fine was suspended; $100,000 Criminal
United Crystal Ocean CWA s.1319 - knowingly
1999 Clean Water Act in violation of (and $50,000 in restitution costs; 36 months prosecution.
States Seafood (28) violates
sometimes without) a state probation. Guilty plea.
permit.
Discharged manure
Criminal
United Anthony Vierra contaminated dairy CWA s. 1319(c)(1)(A) -
2000 Clean Water Act $100,000 24 months probation. prosecution.
States (28) wastewater from crop fields negligently violates
Guilty plea.
at his diary farm.
49,000 gallons of fuel oil $2,000 and Criminal
United Donald Dale CWA s.1319(c)(1)(A) -
2000 Clean Water Act spilled because Mr. Lamb 3 12 months 36 months probation. prosecution.
States Lamb (28) knowingly violates
failed to supervise. incarceration Guilty plea.
Discharged hazardous
Criminal
United plating wastes from the CWA - s.1319(c) - negligent $30,421 in restitution costs to
2000 MRS Plating (28) Clean Water Act $90,000 prosecution.
States facility into the Lockport violation the City of Lockport
Guilty plea.
sewers system

53
Discharged hazardous
Ronald Jagielo, plating wastes from the $4,000 Criminal
United CWA - s.1319(c) - negligent
2000 employee of MRS Clean Water Act facility into the Lockport 12 months 12 months probation. prosecution.
States violation
Plating (28) sewers system as an incarceration Guilty plea.
employee of MRS Plating.
James Ming Avion bypassed the filter
Hong, owner of system and discharged $1,300,000 Criminal
United CWA - s.1319(c)(1)(A) -
2001 Avion Clean Water Act untreated wastewater to the 13 36 months prosecution -
States negligent violation
Enivornmental sewer system in violation of incarceration conviction.
Group (28) Avion's permit.
Avion bypassed the filter
system and discharged Criminal
United Robert L. Kirk CWA - s.1319(c)(2)(A) - 18 months
2001 Clean Water Act untreated wastewater to the 1 100 hours of community service. prosecution.
States (28) knowingly violation incarceration
sewer system in violation of Guilty plea.
Avion's permit.
36 months probation; 150 hours
Altered a waterway to build of community service; ordered to Criminal
United Ronald CWA - s.1319(c)(1)(A) -
2001 Clean Water Act recreation facilities without a restore the West Fork of Woods prosecution.
States Lavigueure (28) negligent violation
permit. Creek to its original course and Guilty plea.
appearance.
Filled and graded
approximately 500 feet of the 60 months probation; all
river from the shore to the $10,000 remediation necessary at the Criminal
United Donald Paul CWA s.1319 - knowingly
2001 Clean Water Act middle; dredged the 24 days North Toe River site; take out a prosecution.
States Buchanan (28) violates
remaining channel, lowering incarceration half page advertisement and Guilty plea.
water levels and killing make an apology.
fish/spawn.
Discarding wastewater 24 months probation; $1,600
samples that had high levels community project fine, $4,687
Criminal
United MacDermid, Inc. of pollutants and failing to CWA s.1319 - knowingly local fine, a $2 million federal
2002 Clean Water Act $3,006,287 prosecution.
States (28) report analyses of such violates and false statements. fine and $1 million for a
Guilty plea.
samples, which led to the community environmental
falsification of its DMRs. program.
Dumped toxic solvents,
CWA s.1319(c)(2)(b) -
including xylene, toluene,
knowingly introduces into a Criminal
United ehtyl benzene and methylene
1998 J&M Devine Corp Clean Water Act sewer system or POTW any $30,000 36 months probation. prosecution.
States chloride into the Warham,
pollutant or hazardous Guilty plea.
Massachusetts sewage
substances.
treatment plant.

54
J.A.K.E.
Discharged Perlite and other Criminal
United Management CWA s.311(a) - illegal Special assessment fee of $200;
1998 Clean Water Act industrial wastes into Bullock Court Order prosecution.
States Services, Inc. discharge of pollutants restitution costs - $30,00
Pen Creek Guilty plea
(28)
Discharged highly acidic
36 months probation; $10,979 in
waste water into a sewer
US restitution costs; $350,000 Criminal
United system causing untreated CWA s.1319 - knowingly
1998 Filter/Polymetrics, Clean Water Act $1,000,000 donation to Connecticut prosecution.
States sewage and industrial waste violates
Inc. (28) Department of Environmental Guilty plea
to flow into the Connecticut
Protection.
River.
Failed to accurately report Criminal
United Warner Lambert, CWA s.1319(c)(4) - false
1998 Clean Water Act results of test it performed on 6 $3,000,000 prosecution.
States Inc (28) statements
wastewater discharge. Guilty plea
Discharged a mixture of plant
Richardson Criminal
United wastes into storm drains CWA s.1319(c) - negligent
1998 Brands Clean Water Act 5 $33,000 prosecution.
States which in turn, discharged into violation
Corporation (28) Guilty plea
the Mohawk River.
George
Pumped wastewater from a Criminal
United Armadoros and CWA s.1319(c)(2) - knowingly 500 hours of community service;
1998 Clean Water Act cement wash-out pit through prosecution.
States Carl Sauerio violates 24 months probation
a hose into Flushing Bay. Guilty plea
Marra (28)
Thomas owned a mine that
had been diverting acid mine Criminal
United drainage to avoid treating it. CWA s.1319(c)(2) - knowingly Restitution costs - $443,400 and prosecution.
1998 Paul Thomas (28) Clean Water Act Court Order
States An explosion caused 28 violates 60 months probation. Guilty plea to
million gallons of it to enter a one count.
local river.
Abandoned the operation of
a sewage treatment plant Criminal
that had been operation prosecution -
United Denny Moore CWA s.1319(c)(2) - knowingly 21 months
1998 Clean Water Act without a permit and in 4 12 months probation. conviction on 4
States (28) violates incarceration
violation of regulations for counts. Upheld
sometime causing the on appeal.
discharge of raw sewage.
Failed to remove
approximately 150 tons of
CWA s.1319(c)(2)(A) and 1311 $2,000 Criminal
United Mark Mayhue sewage sludge from the 12 months supervised release;
1998 Clean Water Act 3 - knowingly violates; ;1319(c)(1) 9 months prosecution.
States (28) wastewater before it was it 50 hours of community service.
and 1311 - negligently violates incarceration Guilty plea
was discharged from the
plant.

55
Had a contract from the
USAF to dispose of grease
CWA s.1317(d) - pretreatment Five months home confinement; Criminal
United Irvine Laudermilk and sanitary sewer waste; 5 months
1998 Clean Water Act 2 standards; 1319(c)(2)(A) - 12 months probation; $9,890 in prosecution.
States (28) dumped into the sewage incarceration
illegal discharge of a pollutant restitution. Guilty plea.
system without a permit or
approval.
discharged grains, salts and Criminal
United River Road CWA s.1319(c)(1)(A) - $125 special assessment fee; 24
1998 Clean Water Act fertilizers into the Ohio River $75,000 prosecution.
States Terminal (28) negligently violates months probation.
without the proper permits. Guilty plea.
APPS knowingly violates
60 months probation; $175,000
MARPOL protocol; CWA
Act to Prevent Knowingly discharged fine to the federal Oil Spill
1321(b)(3) - discharge of oil or Criminal
United Ulysses Cruises, Pollution from garbage in plastic bags into Liability Trust Fund; pay
1998 4 hazardous substance into or $150,000 prosecution.
States Inc (28) Ships; Clean the sea; discharged oil from $275,000 in restitution for coral
upon navigable waters of the Guilty plea.
Water Act the ship into the sea. reef and marine life restoration
United States; 1319(c)(1) -
projects
negligent violation
Bilge waste oil had been Criminal
United Seaway Maritime CWA s.1319(c)(1) - negligent
1998 Clean Water Act discharged approximately six $75,000 12 months probation prosecution.
States Company (28) violation.
miles off the coast of Florida. Guilty plea.
24 months probation; $400
Dumped paint, paint waste CWA s.311(a), 1319(c)(2)(A) -
special fee assessment; half of Criminal
United Industrial Coating and waste water into loading illegal discharge of pollutants;
1998 Clean Water Act multiple $100,000 the fine will be suspended if the prosecution.
States Services (28) dock drain and a the sewer 1317(b) & (d) - knowingly
company successfully completes Guilty plea.
system. discharges a pollutant
the probation period.
George W. Untreated sewage was Eight months home confinement; Criminal
United CWA s.1319(c)(2)(A) -
1998 Pfaffenberger Clean Water Act purposely discharged into an $25,000 24 months probation; $25,000 in prosecution.
States knowingly violates
(28) adjacent wetland/river. federal fines. Guilty plea.
Cleaned locomotives with
solvents. Because the oil-
Terminal Railroad 36 months probation;$26,073 Criminal
United water separator was CWA s.1319 - illegal discharge
1998 Association of St. Clean Water Act 2 $500,000 restitution for the emergency prosecution.
States dysfunctional, untreated oil, of waste oil and failure to notify
Louis (28) response costs. Guilty plea.
solvents and other wastes
were discharged into a river.
Accepted industrial
wastewater from other SDWA s.300-h - violation of the 60 months probation; 100 hours Criminal
United Albert Gene The Safe Drinking
1998 sources and disposed of the underground injection control $5,000 of community service; a $100 prosecution.
States Butcher (28) Water Act
wastewater down a Class II program special assessment fee. Guilty plea.
injection well.

56
Discharged 70-80 gallons of
27A O.S. 2-6-210 through 2-6- $5,000 Criminal
United Christopher Lee Oklahoma State petroleum-contaminated
1998 multiple 206 - unlawful discharge of a 3 months 60 months probation prosecution.
States Dickenson (28) Law wastewater to make room for
pollutant incarceration Guilty plea
another shipment.

Providing False or Misleading Information to Officials

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Protection of the
Australia Yolanda False and misleading
2003 Environment 2 POEO Act - s.211(2) $19,584 Prosecution costs ordered.
(NSW) Hargraves (1) information.
Operations Act
Dumped an unknown amount
of barracuda and gurnard
New Dale Robert FA –s.233 making a false Forfeit his commercial fishing
2005 Fisheries Act back into the ocean before $7,111 Guilty plea
Zealand Robertson (17) statement in a fishing return vessel.
landing in port and reporting
his catch.
Koyo Maru No 8 A practice known in the
- its fishing fishing industry as "trucking" The vessel, worth an estimated
New 8 FA - s.233 making a false
2005 master and Fisheries Act which is the false reporting of $159,286 value of $8.2 million forfeited to Guilty plea
Zealand (4 each) statement in a fishing return
project manager. fish between two or more the Crown
(17) fisheries management areas
Two fly-tipping charges and
Prosecution costs ordered -
United Environmental one of providing false
2004 Mark Howse (25) 3 EPA - not specified. $6,416 $1,833. Plus $1,374 Guilty plea.
Kingdom Protection Act information following his
compensation to the landowner.
arrest at his home
Alexander Galperin filed the Criminal
United Alexander CWA - s.319(c)(4) - knowingly
1999 Clean Water Act reports for Brillian Jewelers $2,100 18 months probation. prosecution.
States Galperin (28) makes false statements
Inc. Guilty plea
Systematically and
CWA - 319(c)(2) - knowingly Criminal
Hess continuously provided false $5,553,634 in restitution costs to
United violates; plus conspiracy, fraud prosecution -
1999 Environmental Clean Water Act and fraudulent testing results 9 Court Order approx 4000 victims. 60 months
States and false statements/claims guilty plea to all
Laboratories (28) to their customers over a probation
charges. 9 counts.
nine-year period.

57
Hopkins personally directed CWA - s.1319(c)(2) - knowingly Criminal
William Hopkins $45,000 and 36 months probation and
United others at Hess to fabricate violates; plus charges of prosecution -
1999 (employee of Clean Water Act 4 15 months $291,071 in restitution to the
States and send results to major conspiracy, fraud and false guilty plea to all
Hess) (28) incarceration, Tobyhanna Army Depot.
customers of Hess labs. statements/claims. 4 counts.
Criminal
Filed operating reports with $5,000 prosecution -
United
1999 John White (28) false enteries. White was the Providing false statements. six months was acquitted of
States
supervisor of the plant. incarceration three other
charges.
Criminal
$1,000 prosecution -
United Carolyn Taylor Filed operating reports with $100 special assessment fee,
1999 Providing false statements three months was acquitted of
States (28) false entries. $414 in restitution.
incarceration three other
charges.
Did nothing to withdraw false
Ozark Criminal
United statements and knowingly CWA s.1319 - knowingly
1999 Environmental Clean Water Act $2,500 prosecution.
States caused materially false violates
Laboratory (28) Guilty plea
reports.
Knowingly made or caused to
Criminal
United Pamela Hunter be made false material CWA 1319(c)(4) - making false 40 hours of community service;
1999 Clean Water Act $100 prosecution.
States (28) statements, representations statements 48 months probation
Guilty plea
and certifications
Juan Ruiz
Orengo, Failed to accurately report Criminal
United CWA s.1319(c)(4) - making 21 months
1998 owner/manager Clean Water Act results of test it performed on 6 prosecution.
States false statements incarceration
of Warner wastewater discharge. Guilty plea
Lambert (28)
Falsifying DMRs and
submitting them to TDEC $1000 Criminal
United Ronald Lee Tennessee state
1998 without obtaining physical 12 months 12 months probation prosecution.
States Carmichael (28) regulations/law
samples and without proper incarceration Guilty plea
analysis of samples.
Failure to obtain a valid I/M
$50
United Karl Rollefson certificate; made false Emissions and maintenance
2005 Alaska State Law 2 5 days $50 surcharge; 3 years probation
States (32) statements on his vehicle (I/M) program requirements.
incarceration
registration application.

58
Transportation – Unlawful Transportation of Dangerous Goods

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Roads and Rail


Involved in the unsafe
Australia Embridge Crest Transport
2002 transport of dangerous goods RRTA - s.37(3) $16,323 Prosecution costs ordered.
(NSW) Pty Ltd (1) (Dangerous
by road.
Goods) Act
Roads and Rail
Involved in the unsafe
Australia Moama Refinery Transport
2002 transport of dangerous goods RRTA - s.37(3) $24,485 Prosecutions costs - $2176
(NSW) Pty Limited (1) (Dangerous
by road
Goods) Act
RCRA s.6928(d)(5) - knowingly
Derald transports without a manifest $2000
The Resource Criminal
United Armstrong and s.6928(d)(1) - knowingly six months
1999 Conservation and 3 12 months probation. prosecution.
States Warren Wanjura transports or causes to be incarceration
Recovery Act Guilty plea.
(28) transported any hazardous (each)
waste.

Transportation – Unlawful Transportation of Waste

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Waste
Minimisation and Unlawfully transporting waste
Australia Edmund Bruce Management Act; to a place that could not
2001 3 WMMA - s.63(1) $9,846
(NSW) Brown (1) Environmental lawfully be used as a waste
Offences and facility.
Penalties Act
Waste
Minimisation and Transported construction
Australia Management Act; waste to a place that cannot WMMA - s.63(1)
2002 J Nechakoski (1) $16,867 Prosecution costs ordered.
(NSW) Protection of the lawfully be used as a waste POEO Act - s.143(1)
Environment facility for that waste.
Operations Act

59
Waste
John Gordon Minimisation and Unlawfully transporting waste
Australia Richardson Management Act; to a place that could not Prosecution costs ordered -
2002 3 WMMA - s.63(1) $54,410
(NSW) Klaus Otto Environmental lawfully be used as a waste $21,764.
Behnfeld (1) Offences and facility - tyres.
Penalties Act
Australian Pacific
Oil Company Ltd. Prosecution costs ordered
Protection of the POEO Act - s.143(1B)
Australia Craig Leonard Unlawful transportation of $35,904.Court ordered
2003 Environment 6 (s.169(1) makes the Williams $52,237
(NSW) Williams and waste. publication of the details of the
Operations Act personally liable)
Jamie Manson offence.
Williams (1)
Chester
Fernando; Transport waste to a place
Protection of the
Australia Steadfast that could not lawfully be
2003 Environment 1 each POEO Act - s.143(1)(a) 42,432 Prosecution costs ordered.
(NSW) Maintenance used as a waste facility for
Operations Act
Services Pty Ltd the waste.
(1)
Transport waste to a place
Protection of the
Australia Gregory Charles which cannot lawfully be
2003 Environment POEO Act - s.143(1) $9,792 Prosecution costs ordered.
(NSW) Hunter (1) used as a waste facility for
Operations Act
that waste.

Waste Disposal – Unlawful Disposal of Waste (General)

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

As the occupier of land that


could not lawfully be used as
POEO Act - s.144(1)
Protection of the a waste facility, he permitted
Australia (under s.169(1) which holds Prosecution costs ordered -
2004 Craig Floyd (1) Environment the land to be used as a $7,373 Guilty pea.
(NSW) company directors/managers $11,796
Operations Act waste facility - stored 18,000
personally liable)
cubic meters of construction
waste.
As the occupier of land that
Protection of the Prosecution costs. See
Australia Allan William could not lawfully be used as
2004 Environment POEO Act - s.144(1) $5,898 Steepleton Pty Limited and
(NSW) Robinson (1) a waste facility, he permitted
Operations Act Kenneth Warren Pannowitz
the land to be used as a

60
waste facility - stored
construction waste.

K P Recycling Pty Ltd


Protection of the negligently dispose of waste POEO Act - s.115(1)
Australia
2004 S J Perry (1) Environment in a manner that harmed or (s.169(1) makes Mr. Perry $22,119 Prosecution costs ordered.
(NSW)
Operations Act was likely to harm the personally liable)
environment.
Steepleton Pty Transport waste to a place
Protection of the POEO Act - s.143(1) Steepleton fine $30,820;
Australia Limited and that could not lawfully be
2005 Environment (under s.169(1) making Mr. $46,230 Pannowitz fine $15,410. Guilty plea
(NSW) Kenneth Warren used as a waste facility for
Operations Act Pannowitz personally liable) Prosecutions costs ordered.
Pannowitz (1) that waste.
Depositing waste (paint
Tufco Flooring
Migratory Bird stripper residue) harmful to Migratory Bird Regulations $3,186 paid into Environmental
Canada 2002 (Maritimes) $6,372
Convention Act birds in an area frequented s.35(1) Damages Fund
Limited (6)
by migratory birds.
Burned bush and organic Discharging smoke without Costs of $86 on each of charges
New Two individuals material for 12 days, despite resource consent and for with an additional payment of
2004 Not specified. 10 $6,446
Zealand (18A) warnings to stop and burning material that was not $531 costs for Environment Bay
complaints from neighbours. dry and seasoned. of Plenty.
5 years incarceration,
Operating a waste disposal
suspended for five years on
site without authorisation,
South Darryl Clive Environment condition he repair the damage
2005 and discarding of waste at an 2 Not specified. $16,020
Africa Tucker (21) Conservation Act and pay any proceeds from the
unauthorised waste disposal
sale of the land into an attorney's
site.
trust fund.
Conviction after
Depositing construction
EPA - s.33(1)(a) deposited a 3 day trial;
waste - concrete, bricks,
United Charles Shaw Environmental controlled waste without a 4 months already had
2004 metal etc - on pasture land, 5 Prosecution costs of $17,549
Kingdom (25) Protection Act license; s.33(6) breach of the incarceration unpaid fines for
telling authorities it was farm
conditions of a license. environmental
waste.
offences.
All types of waste were EPA - s.33 knowingly causing Prosecution costs of $20,978.
regularly deposited in the controlled waste to be 240 hours of Anti-Social Behaviour Order was
United Environmental
2004 Alan Yarlett (25) yard and on numerous 4 deposited, disposed, treated community made against Mr Yarlett to Guilty plea.
Kingdom Protection Act
occasions waste was and kept on land without a service protect local residences and
disposed of by burning license. business.
Burning large amounts of Health & Safety at Work Act The custodial sentence was
United Haydn Williams Environmental 5 months
2004 waste containing asbestos, multiple and the Control of Asbestos at suspended because of the
Kingdom (25) Protection Act incarceration
plastic, hazardous chemicals. Work Regulations. defendant's poor health.

61
EPA - s.33(1)(a) - deposited 180 hours of
United James Gardner Environmental Illegally depositing waste
2004 controlled waste without a community 180 hours community service Guilty plea
Kingdom (25) Protection Act tyres - "fly-tipping."
license. service
Deposited controlled waste - EPA - s.33(1)(a) - deposited
United David Pickford Environmental conditional Prosecution costs ordered -
2004 cabinets, sofas etc. - on two 2 controlled waste without a Guilty plea
Kingdom (25) Protection Act discharge $550
road sides. license.
Failed to use the two
licensed landfill sites they
United Joywheel Limited Environmental had nominated and instead EPA - s.33 depositing the waste Prosecution costs ordered -
2004 $18,330 Guilty plea.
Kingdom (25) Protection Act dumped the waste at a soils unlawfully. $1,312
reduced cost on Raans
Farm.
Owner of Raans Farm where EPA - s.33 permitting the
United John Woodley Environmental Prosecution costs ordered -
2004 Joywheel Ltd. dumped the unlawful deposit of the waste $1,833 Guilty plea.
Kingdom (25) Protection Act $1393
waste. soils.
knowingly allowed controlled EPA - s.33(1)(a) deposited
United Environmental waste to be deposited controlled waste without a Prosecution costs ordered -
2004 Simon Hurst (25) 3 $9,165 Guilty plea.
Kingdom Protection Act without a waste management license; s.33(6) breach of the $2,117
licence,. conditions of a license.
EPA - s.33 knowingly causing
Assisting illegal tipping
or permitting the depositing of
United Environmental operations by unloading one Prosecution costs ordered -
2004 John Dunne (25) 2 waste on unlicensed land and $550
Kingdom Protection Act lorry and bulldozing waste $366
keeping, treating or disposing of
over the tip fence at the site.
waste on unlicensed land.
Depositing, treating and
disposing of scrap cars and EPA - s.33 knowingly causing
United Environmental Prosecution costs ordered -
2004 John Orton (25) vehicle parts on land not or permitting the depositing of $733 Guilty plea.
Kingdom Protection Act $183.
covered by a Waste waste on unlicensed land.
Management Licence.
EPA - s.33 disposing of
United Shaun Mullervy Environmental Dumped waste in various
2004 6 controlled waste on an $825
Kingdom (25) Protection Act unauthorized locations.
unlicensed site.
Allowed employees to dump
Roll On Off EPA - s.33 disposing of
United Environmental waste at sites without Prosecution costs ordered -
2004 Services Limited 3 controlled waste on an $6,416
Kingdom Protection Act checking to see if they were $2,099
(25) unlicensed site.
registered.

62
Owners of an airfield allowed EPA - s.33 permitting waste to
United HG Hodges & Environmental Prosecution costs ordered -
2004 it to be used to store waste 2 be kept on land which did not 2,750 Guilty plea.
Kingdom Son Limited (25) Protection Act $3,086.
without a license to do so. have a license.
Owned Three Counties Skip
EPA - s.33 disposing of
United Anthony Bennet Environmental Hire which deposited and Prosecution costs ordered -
2004 2 controlled waste on an $2,750 Guilty plea.
Kingdom (25)t Protection Act kept waste on an $2,736.
unlicensed site.
unauthorized site.
Used his motor vehicle to
EPA - s.33(5) control waste 160 hours of Six month disqualification from
United Environmental unlawfully deposit
2005 Gerald Ward (25) being deposited unlawfully from community driving; $676 in prosecution Guilty plea
Kingdom Protection Act construction waste from a
a motor vehicle. work costs ordered.
renovation project.
Kevin Monaghan Burning pallets in an attempt
United Environmental $1670 fine each. $1573 in court
2005 and Wayne to get rid of their commercial 1 each $3,341
Kingdom Protection Act costs each.
Thornton (25) waste.
Transporting significant
amounts of construction
EPA s.33 and 34 - illegal
United Mark Roberts Environmental waste, illegally deposited with 8 months
2005 5 deposit and disposal of Guilty plea
Kingdom (25) Protection Act the combustible material set incarceration
controlled waste by burning.
alight causing plumes of
black smoke to be emitted.
Metal cabinets and shop
EPA - s.34 failing in their Duty
counters from a recent
United British Home Environmental of Care to prevent the illegal Prosecution costs ordered -
2005 renovation project were 2 7424 Guilty plea.
Kingdom Services (25) Protection Act deposit of the shop fittings; lack $606
unlawfully disposed of at
of waste transfer notes
various locations.
Discovered engine parts,
scrap metal, gas bottles as
EPA s.33 - unlawfully waste
well as piles of hardcore,
United Allbins Skip Hire Environmental disposal; s.34 - failed to take Prosecution costs ordered -
2005 soils and mixed waste on 8 $46,400 Guilty plea.
Kingdom Ltd (25) Protection Act measures to prevent escape $4,038.
their premises. They were
and secure the waste.
only licensed to transport
waste - not storage /disposal
Garry Thompson was the EPA - s.157 holds people
United Garry Thompson Environmental
2005 Director of Allbines Skip Hire 8 responsible if their conduct is $44,544 Guilty plea.
Kingdom (25) Protection Act
Ltd. neglectful
Illegally stored a great EPA s.33(6) - breach the
United David McIntyre Environmental Prosecution costs ordered -
2005 number of tyres, causing a 5 conditions of license for waste $55,680 Guilty plea.
Kingdom (25) Protection Act $4229
fire that burned for five days. management.

63
Allowing the deposit of scrap
motor vehicle tyres;
depositing scrap metal,
EPA - s.33(1)(a) deposited
United Nicholas Environmental bricks, rubble, green wastes, Prosecution costs ordered -
2005 4 controlled waste without a $742 Conviction.
Kingdom Willsmore (25) Protection Act wood and mixed wastes; $742
license.
disposing of waste by
burning and keeping scrap
motor vehicle tyres.
Large amounts of household
and commercial waste
including soil, hardcore,
United Environmental EPA - s.33 depositing, treating Prosecution costs ordered -
2005 John Wood (25) wood, plastic, green waste, 2 $18,560 Guilty plea.
Kingdom Protection Act and keeping controlled waste. $1,484
demolition waste, scrap
metal, car batteries, and
paper.
Waste included bathroom
EPA - s.34 failing to take
units, polystyrene lagging
reasonable measures to ensure
and general builders’ rubbish
his waste was properly
United Environmental as well as two bags of waste Prosecution costs ordered -
2005 Gary Glover (25) disposed, and failing to provide $1,299 Guilty plea.
Kingdom Protection Act tiles, which were traced back $1,4606
waste transfer note giving a
to Mr Glover, was found
necessary description of the
dumped at old Oxfordshire
waste.
air strip.
286 tyres and numerous tins EPA - illegally disposing of
of paint in a pile beside a car controlled waste, causing
United Michael Turner Environmental park; some of the paint cans controlled waste to be disposed Prosecution costs ordered -
2005 4 $1,485 Guilty plea.
Kingdom (25) Protection Act had burst open covering of, transporting controlled waste $371
trees, tyres and the ground and failing to comply with
with coloured paint. Special Waste Regulations.
Kieran Fox and
United Environmental Keeping scrap cars without a EPA s.33 End of life Vehicle Prosecution costs ordered -
2005 Alan Edwards 2 $2,784 Guilty plea.
Kingdom Protection Act Waste Management Licence Regulations. $952 each.
(25)
Incarceration sentence
Dumped over 81,000 used $17,289.70 suspended to 30 days; 72 Criminal
United Tennessee state
1998 David Taylor (28) tires on property deemed to 5 36 months months probation; $17,289.70 to prosecution.
States regulations/law
be wetlands. incarceration be paid to the state for removal Guilty plea.
of the tires {clean-up costs}.

64
Waste Disposal – Unlawful Disposal of Asbestos

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Illegally transported and Prosecution costs ordered -


United Bryant and Environmental EPA - illegally transported and
2005 deposited asbestos from a 4 $278 $1,392 costs. It was also given a Guilty plea.
Kingdom Chandler Ltd (25) Protection Act deposited asbestos.
renovated cottage. six month conditional discharge.
EPA s.33 - illegally depositing
Burying bonded asbestos
United Kulwinder Singh Environmental the waste by burying it on land Prosecution costs ordered -
2005 sheets in an access road $2,784 Guilty plea.
Kingdom (25) Protection Act without a waste management $2,412
adjacent to his property.
licence.
Knowingly violated
$70,000 and 54 months and 15-day probation Criminal
United Christopher M. requirements in the disposal CAA - two counts 7413(C)(1)
1999 Clean Air Act 3 six months and 50 hours of community prosecution.
States Arader (28) of asbestos and failed to one count - 7413(c)(2)(B)
incarceration service. Guilty plea
notify/report.
Used a plot of land in a Criminal
36 months probation. Ordered to
residential area to dump a prosecution.
United Howard Bradley CAA - 7413(c)(1) - knowingly 15 months pay $2,000 in restitution to each
1999 Clean Air Act large amount of the 7 Convicted by a
States Parsons (28) violates. incarceration of the 21 families living in the
demolition debris, including jury. Upheld on
area (total restitution $42,000).
asbestos-containing waste. appeal.
Criminal
prosecution -
Illegally removed asbestos $12,000 and
United Terry Conklin indicted on eight
1999 Clean Air Act from a location and buried 1 CAA - 7413(c)(1) 10 months
States (28) counts but
the asbestos on the site. incarceration
plead guilty to
one.
Failed to adhere to the CAA's
Power City
United work practice standards CAA - s.7413(c)(1) knowingly Criminal
1999 Plumbing and Clean Air Act $10,000 60 months probation.
States regarding the removal and violates. prosecution.
Heating (28)
disposal of asbestos.
Major Abatement Did not follow standards for Criminal
United CAA - s.7413 - knowingly $100,000 for the clean up costs;
1999 and Demolition Clean Air Act the removal and disposal of $10,000 prosecution.
States violates 24 months probation.
(28) asbestos. Guilty plea
Did not follow standards for
the removal and disposal of Criminal
United Nichols L. CAA - s.7413 - knowingly
1999 Clean Air Act asbestos - Fortner was the $1,000 48 months probation. prosecution.
States Fortner (28) violates
supervisor for Major Guilty plea
Abatement and Demolition.

65
Several violations of
Criminal
United Steven A. Hunter asbestos removal/disposal CAA s.7413(c)(1) - knowingly 41 months $59,700 to Peerless Insurance
2000 Clean Air Act 7 prosecution -
States (28) during an asbestos violates incarceration Company; 36 months probation.
conviction.
renovation project.
Hired by Landau to remove
CAA s.7413 - knowingly Criminal
United Isaac Itzkowitz 260 linear feet of asbestos 21 months
1998 Clean Air Act 3 violates (2); plus a federal No fine. prosecution -
States (28) which he did in violation of incarceration
conspiracy charge. conviction.
regulations and the CAA.
Landau hired Itzkowitz to
remove asbestos from an
Criminal
United Ephraim Landau apartment building he owned; CAA s.7413 - knowingly
1998 Clean Air Act 2 $75,000 prosecution.
States (28) the removal violated violates (2).
Guilty plea
regulations and Landau failed
to notify the EPA.

Waste Disposal – Unlawful Disposal of Hazardous Waste

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Hazardous chemicals were EPA - s.33(1)(a) deposited


Environmental
United Environmental dumped illegally at several controlled waste without a
2004 Chemical Control 3 $42,159 Guilty plea.
Kingdom Protection Act locations around Wigan and license; s.33(6) breach of the
Limited (25)
Preston. conditions of a license.
Hazardous chemicals were
EPA - s.33(1)(a) deposited
Garry Briely and dumped illegally - Briely and 200 hours of
United Environmental controlled waste without a Prosecution costs ordered -
2004 Deborah Martin Martin were the directors of 4 community Guilty plea.
Kingdom Protection Act license; s.33(6) breach of the $30,975
(25) Environmental Chemical service each
conditions of a license.
Control Ltd.
Handed over drums
containing strong acids or
United Carlsberg UK Ltd Environmental EPA - Staff disposed of Prosecution costs ordered -
2005 strong alkalis, both of which 2 $46,400 Guilty plea.
Kingdom (25) Protection Act hazardous substances illegally. $3713
are very corrosive and are
classed as a ‘special waste’.
Rudolph S. Removed oil and transformer Robinson: $5,000 fine and 12
The Toxic Criminal
United Robinson and containing PCBs but could months probation; Taylor: $1,000
1999 Substances TSCA – ss.614 & 2615(b) $6,000 prosecution.
States Ronald Taylor not prove he properly fine, three months house arrest
Control Act Guilty plea.
(28) disposed of them; tests of a and 24 months of probation.

66
sewer line near the
warehouse had elevated
levels of PCBs.

The Resource Abandoned several Criminal


United MCM Real $560,570 to reimburse
1999 Conservation and containers of flammable RCRA - s.6928(d)(2)(A) $280,000 prosecution.
States Corporation (28) Superfund for cleaning it up.
Recovery Act waste and acid. Guilty plea
Broomer and Thomas Kardos
Broomer Broomer Research - 72 months
disposed of low level
Research The Resource $110,500 probation and $100,400 in fines;
United radioactive hazardous waste Criminal
1999 Corporation and Conservation and RCRA - s.6928(d)(2)(A) 8 months Thomas Kardos: 8 months
States by pouring them into the prosecution.
Thomas Kardos Recovery Act incarceration incarceration and $10,100 in
facility's storm drains, sinks
(28) fines.
and sanitary outfalls.
The Resource Criminal
United Fiberdyne, Inc Illegally treated and disposed RCRA s.6928 - knowingly 36 months probation; a special
1999 Conservation and 4 $60,000 prosecution.
States (28) of acetone. violates assessment fee of $400
Recovery Act Guilty plea
60 months probation; $12,749 in
The Resource Abandoned 17 containers of RCRA - s.6928(d)(1); (2); (4) Criminal
United restitution payments; hire an
2000 Cover-It (28) Conservation and hazardous materials that multiple and (5) knowingly $150,000 prosecution.
States environmental consultant to
Recovery Act were falsely labelled. treat/store/transport Guilty plea
achieve full compliance.
The employees of Cover-It Five months of home
James R. Hawley The Resource RCRA - s.6928(d)(1); (2); (4) Criminal
United that actually abandoned the Conditional confinement followed by five
2000 and Michael R. Conservation and multiple and (5) knowingly prosecution.
States hazardous materials and Sentence months at a half-way house and
Knapp (28) Recovery Act treat/store/transport Guilty plea
falsely labelled them. 36 months probation.
Stored containers of
$110,000 to the U.S. Treasury in
The Resource chemicals containing RCRA - s.6929(d)(2)(A) - treats, $20,000 and Criminal
United restitution costs; 750 hours of
2000 Elliot Packer (28) Conservation and hazardous waste including stores or disposes of hazardous six months prosecution.
States community services;60 months
Recovery Act cyanide compounds without wastes without a permit. incarceration Guilty plea
probation.
a permit.
The Resource RCRA s.6928(d)(2) - knowingly $9,540 Criminal
United Michael Ray Kyle
2001 Conservation and treats, stores, or disposes of 10 months 36 months probation. prosecution.
States (28)
Recovery Act any hazardous waste. incarceration Guilty plea
The Resource RCRA s.6928(d)(2) - knowingly $9,540 Criminal
United Edward Lebron
2001 Conservation and treats, stores, or disposes of 6 months 36 months probation. prosecution.
States Johnson (28)
Recovery Act any hazardous waste. incarceration Guilty plea
Had employees bury 170 - 55 RCRA s. 6928(d)(2)(A) -
The Resource Criminal
United Frank Carlow gallon drums, containing knowingly treats, stores or 60 months
1998 Conservation and 36 months probation; no fine. prosecution.
States (28) PCBs and oils, in a hole dug disposes of any hazardous incarceration
Recovery Act Guilty plea
on the property along a river. waste.

67
Buried almost 50 55-gallon RCRA - s.6928(d)(2)(A) -
The Resource Criminal
United Jimmie Dale Fox drums of ignitable paint and knowingly treats, stores or 48 months probation; $100
1998 Conservation and multiple $10,000 prosecution.
States (28) solvent waste at two disposes of any hazardous special assessment fee.
Recovery Act Guilty plea
locations. waste without a permit.

Waste Disposal – Disposal of Waste Without a License

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Collected nearly 11,000 tyres


Brian George from 71 different tyre EPA s.33 Knowingly causing 180 hours of
United Environmental Prosecution costs ordered -
2004 Albert Tumilty producers and deposited 8 controlled waste to be community Guilty plea.
Kingdom Protection Act $3,666.
(25) them at various locations deposited without a license. service
without a license.
Running a waste transfer site
while its waste management
United Steven Lloyde Environmental licence was suspended and
2005 3 Not specified. $38,048 Guilty plea.
Kingdom (25) Protection Act for failing to complete
transfer notes for the
movement of waste.

Waste Disposal – Marine Disposal

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Canadian Loading a substance on


Daley Brother $6,053 paid into Environmental
Canada 2001 Environmental ship/aircraft for disposal at CEPA - s.124 $6,461
Ltd. (6) Damage Fund.
Protection Act sea in a prohibited area.
Disposed of fish offal outside
Canadian
Daley Brother their designated disposal $6,053 paid into Environmental
Canada 2001 Environmental CEPA - s.124 $6,461
Ltd. (6) area, and without the Damages Fund.
Protection Act
necessary permits.
Dandy Dan’s Canadian
Illegal ocean disposal of fish $1,500 paid into Environmental
Canada 2003 Fish Market Environmental CEPA - s.124 $1,254
offal. Damage Fund.
Limited (6) Protection Act

68
Company dumped fish waste
Canadian
St-Paul Seafood without holding the required $6,805 paid into Environmental
Canada 2003 Environmental CEPA - s.124(1) $7,164 Guilty plea
Limited (6) permit from May to August, Damages Fund.
Protection Act
2001.

Waste Storage – Unlawful Storage of Waste

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Canadian
Columbia Frame Failed to properly store
Canada 1998 Environmental 3 Storage of PCB Material $4,050
Inc. (9) containers with PCBS.
Protection Act
Exceeded quota for the
Guilty plea. No
storage of plastics and other Suspended for one year
United Wilfred Kenneth Environmental 8 months order made for
2004 wastes, was warned, then 2 Waste Management because of "previous good
Kingdom Hughes (25) Protection Act incarceration costs because
abandoned them and they character."
he is bankrupt.
subsequently caught fire.
Storing too much waste and EPA s.33(6) - breach the
United AWR Rent A Environmental Prosecution costs ordered -
2004 for too long; breaches of conditions of license for waste $4,583 Guilty plea.
Kingdom Skip Limited (25) Protection Act $2,804
security at its premises. management.
Dismantling or treatment of
vehicles containing various 100 hours of
United Pat Fennessey Environmental EPA -s.33 no license. End of
2005 polluting materials, such as community 150 prosecution costs. Guilty plea
Kingdom (25) Protection Act life Vehicle Regulations.
oils, fuels and brake fluid service.
without a license.
Stored between 500 and 700
EPA s.33 - storing more waste
United Mark Wagstaff Environmental cubic meters of waste while Prosecution costs ordered -
2005 on his site than he was 160 hours
Kingdom (25) Protection Act being licensed for only 255 $1,206
permitted to.
cubic meters.
A former storage compound
EPA - s.33 illegally depositing,
at the rear of the site was
keeping and treating controlled
United Environmental being used to stockpile Prosecution costs ordered -
2005 Jewson Ltd (25) 4 waste on land when they did $74,240 Guilty plea.
Kingdom Protection Act wastes including soil, subsoil, $11,471.
not have a waste management
concrete, metal, and
licence.
asbestos cement.

69
Illegal storage of approx
1700 waste fridges over the EPA - s.33 depositing and
United Van Dalen UK Environmental Prosecution costs ordered -
2005 course of a few months. Did 2 keeping waste on land without a $37,120 Guilty plea.
Kingdom Ltd (25) Protection Act $5302.
not have a waste Waste Management Licence.
management license.
A large pile of waste lying on
EPA - s.33 allowing controlled
the ground (old piano, a tin
waste to be deposited without a Two year conditional discharge
bath, and a chest freezer etc)
United John William Environmental license; disposing of controlled for the obstruction and
2005 some of it from outside the 3 $1,856 Guilty plea.
Kingdom Woodruff (25) Protection Act waste by burning without a depositing charges; Prosecution
premises. Mr. Woodruff set
licence; obstructing an costs ordered - $2,294
the waste on fire when the
authorised person.
police arrived.
Tried in the
Operating an illegal waste
Mr Peter EPA - s.33 keeping controlled company's
United Environmental site in Kent - large waste
2005 Whitmore and his 3 waste on his land without a $55,680 absence -
Kingdom Protection Act transfer and skip operation
company. (25) waste management licence. refused to
without a license.
attend hearings.
EPA - s.33 keeping controlled Prosecution costs ordered - Found guilty
United Nicholas John Environmental Waste included cars, car
2005 waste on his land without a $3,712 $14,059; six months to pay or 45 after a 2 day
Kingdom Low (25) Protection Act parts, paint tins and drums.
waste management licence. days in prison. trial.
Stored petroleum-based
The Resource wastes, chlorinated 12 months Criminal
United Billy L. Stevens RCRA - s.6928 knowingly
1999 Conservation and compounds and spent and one day prosecution.
States (28) violates
Recovery Act solvents at the Mizzou facility incarceration Guilty plea
without a permit.

Waste Storage – Unlawful Storage of Hazardous Waste

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Cause his land to be used as


Prosecution costs ordered -
a waste facility without being
Waste $26,942. $636,318 into a
Australia Grantley Shane lawfully authorised - stored
2002 Minimisation and WMMA - s.64(1) $24,485 Environmental Trust fund for
(NSW) Douglass (1) dangerous and hazardous
Management Act costs incurred in the mitigation
materials when there was a
environmental damage.
fire.

70
The Resource The defendants stored Criminal
United VC Tank Line RCRA - s.6928(d)(2) - illegal Court ordered costs $8,838.13 -
1999 Conservation and styrene monomer at its 3 $191,362 prosecution.
States (28) storage of hazardous waste. evacuation of the residents.
Recovery Act facility. Guilty plea
The defendant knowingly 36 months probation; $25,000 in
The Resource RCRA s.6928(d)(2) - knowingly $10,000 Criminal
United Joe W. Proctor stored hazardous wastes at restitution to the Tennessee
2001 Conservation and treats, stores, or disposes of 8 months prosecution.
States (28) the closed facility without a Department of Environmental
Recovery Act any hazardous waste. incarceration Guilty plea.
permit until 1999. Protection.

Wildlife Offences – Unlawful Hunting

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Illegally depositing bait to Prohibited from applying for or


William Joy and Migratory Bird
Canada 2002 attract migratory birds for the Migratory Bird Regulations $1,193 holding a migratory game bird
Daniel Hulton (6) Convention Act
purpose of hunting. permit for a period of one year.
Mr. Flemming
The illegal possession of
Forfeiture of equipment and a also convicted
Calvin B. Murphy migratory birds, hunting
Migratory Bird boat. Prohibition from hunting - under the
Canada 2003 and two others migratory birds from a power multiple Not specified $3,224
Convention Act one for life; one for 10 years; one Criminal Code
(6) boat, and hunting without a
for five years. and sentenced
license.
to 4 months.
Migratory Birds $3,081 to the Environmental
Arthur Corpening Convention Act Damages Fund in exchange for
Violating federal and
Canada 2004 et al. (three and the 9 $23,879 the return of some equipment.
provincial wildlife legislation.
more) (6) Saskatchewan Forfeit of addition equipment
Wildlife Act worth approx $8,088
David Gerard $1540 each. Forfeit hunting
Nash and Darren Migratory Bird Hunting migratory birds out of equipment and prohibited from
Canada 2004 1 each Migratory Bird Regulations $3,081
Francis English Convention Act season. hunting migratory birds for five
(6) years.
Unlawfully hunting migratory
game birds without a permit;
being in possession of
Andre Hachem Migratory Birds migratory birds without a
Canada 2004 multiple Migratory Bird Regulations $963 Guilty plea
(6) Convention Act. permit; unlawfully and
knowingly making a false or
misleading statement orally
to a wildlife official.

71
Gore was found in $420 or 30
Frederick Gore Wildlife Protection Wild Life Protection (Game Bird
Jamaica 2002 possession of 19 Bald-pate; days Guilty plea.
(14) Act Hunting Limit) Regulations
the "bag limit" is 15. incarceration
In possession of 26 Bald
Pates and 3 White Winged $945 or six
Andrew Dunbar Wildlife Protection Wild Life Protection (Game Bird
Jamaica 2003 Doves; limit is 15 Bald Pates months
(14) Act Hunting Limit) Regulations
and a total of 20 birds in any incarceration
one session
Vaz - maximum penalty for
Mr. Vaz was licensed, but
Daryl Vaz and a Wildlife Protection WPA - s.8A hunting without a aiding and abetting hunting
Jamaica 2004 hunting birds with his son, 1 each $2,610
minor. (14) Act license. without a hunter’s licence. His
who was not.
son was fined $870.
Found in possession of WPA - s.8A hunting without a
Wildlife Protection $174 or three months in prison
Jamaica 2004 Eric Brown (14) protected birds he had shot 2 license; s.6A possession of $348
Act on each charge.
without a license. protected birds.

Unlawful Import/Export of Fish

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Wild Animal and


Plant Protection
Marek
and Regulation of Illegally imported 12.5 kg. of 23 days The caviar was ordered forfeited
Canada 2003 Aleksander WAPPRIITA - s.6(2)
International and caviar. incarceration to the Crown (value of $17,910).
Sikorzak (6)
Interprovincial
Trade Act
Wild Animal and
Plant Protection
Malgortzata The caviar seized was ordered
and Regulation of Illegally imported 4 kg. of 13 days
Canada 2003 Maria WAPPRIITA - s.6(2) forfeited to the Crow (value of
International and caviar. incarceration
Zabierzowska (6) $5,731).
Interprovincial
Trade Act
Canada’s Wild Illegally exporting fish from A "significant portion" of the fine
Animal and Plant Canada into the United will be donated to the Calgary
Joe Lian Ho
Canada 2004 Protection and States to meet the high black Not specified $46,218 Zoo in support of their planned
LUAH (6)
Regulation of market demand for conservation and endangered
International and ornamental fish. species exhibit through the

72
Interprovincial Environmental Damages Fund.
Trade Act

Arnold Bengis, Illegally harvested lobsters Importing wildlife caught in


United 46 months
2004 Chairman of Lacey Act and fish in South Africa and 4 violation of foreign laws; Forfeit a total of $5.9 million. Guilty Plea
States incarceration
Hout Bay (31) imported them to the US. conspiracy.
Jeffery Noll,
Illegally harvested lobsters Importing wildlife caught in
United Chairman 30 months
2004 Lacey Act and fish in South Africa and 2 violation of foreign laws; Forfeit a total of $5.9 million. Guilty Plea
States Associated and incarceration
imported them to the US. conspiracy.
Icebrand (31)

Unlawful Import/Export of Hazardous Waste

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Transportation
of Dangerous
Canadian Failing to give notice of the Goods
Safety-Kleen Ltd.
Canada 2001 Environmental proposed export of $32,305 Regulations
(9)
Protection Act hazardous waste. violations -
additional
$50,000
L’entreprise Canadian
Export/Import of Hazardous Order to lawfully dispose of the
Canada 2002 Québec Métal Environmental Importing waste batteries. 3 $2,907
Waste Regulations batteries.
Recyclé (6) Protection Act
Unlawfully imported gasoline
$30,805 directed for
Shell Canada Canadian with a benzene concentration
Benzene in Gasoline environmental research at the
Canada 2003 Products Limited Environmental above the regulatory limit and multiple $35,820
Regulations University of Calgary's Faculty of
(6) Protection Act for failed to report the
Environmental Design
imports.
$3466 to the Environmental
Canadian Unlawfully imported a Damage Fund to assist in a
Metalex Products
Canada 2004 Environmental hazardous waste, scrap lead CEPA - s.185(1) $3,852 study to determine the cause of
Ltd (6)
Protection Act shot, into Canada. lead poisoning of trumpeter
swans in Fraser Valley.

73
Imported hazardous wastes
Chem-Tech Canadian
from liquid toxic pesticides,
Canada 2004 Environnement Environmental CEPA - 185(1)(b)(i) $2,696
without holding the required
Inc. (6) Protection Act
permit.

Unlawful Import/Export of Ozone Depleting Substances

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Canadian
Harris and Rome Importing a controlled $10,125 paid into Environmental
Canada 1998 Environmental Ozone-Depleting Substances $13,500
Supply (10) substance without a permit. Damage Fund.
Protection Act
Sherrit Canadian $19,383 paid into Environmental
Exporting a controlled Negotiated
Canada 2001 International Environmental Ozone-Depleting Substances $19,383 Damage Fund; publication of an
substance (CFC canisters). Settlement
Corporation (1) Protection Act article.
Canadian Imported an undeclared a Other charges
Thompson,
Canada 2001 Environmental thirty pound cylinder of Ozone-Depleting Substances $1,292 One year probation. arising from the
Kiston (6)
Protection Act chlorofluorocarbons (CFC's). same incident.
All directed to the Canadian
Illegally imported bar Dermatological Association for
Canadian
Canadian Tire refrigerators containing a public education and awareness
Canada 2003 Environmental Ozone-Depleting Substances $17,910
Corporation (6) substance known to deplete of skin cancer and related health
Protection Act
the earth's ozone layer. concerns linked to the thinning of
the ozone layer.
Canadian
Importing a quantity of
Canada 2003 Snap On Tool (6) Environmental 2 Ozone-Depleting Substances $28,656
schlorofluorocarbons (CFCs).
Protection Act
$15,406 was directed to the
Illegally imported rear view
Canadian Dermatological
Canadian mirror attachment kits that
Canadian Tire Association to increase public
Canada 2004 Environmental contained a substance Ozone-Depleting Substances $19,258
Corporation (6) awareness of skin cancer and
Protection Act known to deplete the earth’s
other health concerns related to
ozone layer.
the ozone layer.

74
Illegally shipped 75 tonnes of Criminal
United CAA s.7413(c)(1) - knowingly
2000 City Sales (28) Clean Air Act CFC's to automotive stores in 8 $20,000 prosecution.
States violates
Canada. Guilty plea
Larry Leblanc, Illegally shipped 75 tonnes of $28,000 and Criminal
United CAA s.7413(c)(1) - knowingly
2000 owner of City Clean Air Act CFC's to automotive stores in 8 15 months prosecution.
States violates
Sales (28) Canada. incarceration Guilty plea
Scott Campion, Illegally shipped 75 tonnes of Criminal
United CAA s.7413(c)(1) - knowingly
2000 employee of City Clean Air Act CFC's to automotive stores in 10 $2,500 prosecution.
States violates
Sales (28) Canada. Guilty plea

Unlawful Import/Export of Plant Life

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Wild Animal and


Illegally importing traditional
Plant Protection
Chinese medicines
Cheung Hon and Regulation of A mandatory victim surcharge of
Canada 2003 containing derivatives of 2 WAPPRIITA - s.6(2) $15,671
(Oliver) Mok (6) International and $3,134.
endangered animals and
Interprovincial
plants from Hong Kong.
Trade Act
Wild Animal and
Illegally exporting a rare and
Plant Protection
endangered species of orchid
and Regulation of
Canada 2003 Allan Tetzlaff (6) from Canada to Germany via WAPPRIITA - s.6(2) $2,239 A 25% victim surcharge of $447. Guilty plea
International and
the United States and
Interprovincial
England.
Trade Act
Wild Animal and Five thousand dollars of the fine
Plant Protection will go to the non-profit group
Illegally importing
Ever Spring and Regulation of “Friends of the Conservatory”, to
endangered orchids into
Canada 2003 Orchid Nursery International and multiple WAPPRIITA - s.6(2) $10,746 build an educational display at
Canada without proper
(6) Interprovincial the Assiniboine Park Plant
documentation.
Trade Act; Conservatory to house the
Customs Act seized orchids.

75
Unlawful Import/Export of Wildlife

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Wild Animal and


Involved in a scheme which
Plant Protection
Mike Flikkema saw thousands of birds
and Regulation of Mike Flikkem sentenced to 3
Canada 2000 and Harold illegally imported into Canada WAPPRIITA -s.6(2) $50,543
International and months in jail.
Fikkema (6) and then illegally exported to
Interprovincial
the United States.
Trade Act
Wild Animal and
Involved in a scheme which
Plant Protection
saw thousands of birds Perform 40 hours of community
Johanne and Regulation of
Canada 2001 illegally imported into Canada WAPPRIITA -s.6(2) $32,305 service work plus a condition 1
Flikkema (6) International and
and then illegally exported to year sentence.
Interprovincial
the United States.
Trade Act
Wild Animal and
Plant Protection
Illegal importation without a $5,814 in costs (the veterinary
Xuan Thanh and Regulation of
Canada 2001 permit - imported a live and WAPPRIITA -s.6(2) $3,231 expenses incurred to date to
Dang (6) International and
rare type of Eagle. care for the animal).
Interprovincial
Trade Act
Wild Animal and
Plant Protection Exporting a ceremonial
Trevor Roy and Regulation of dance costume bustle The bustle was forfeited to the
Canada 2002 Not specified. $1,292
Davies (6) International and containing thirty-two bald Crown.
Interprovincial eagle feathers.
Trade Act
Wild Animal and
Plant Protection
Ashutosh Desai and Regulation of Illegal importation - imported
Canada 2002 WAPPRIITA - s.6(2) $956 Bird was forfeited.
(6) International and a parrot without a permit.
Interprovincial
Trade Act
Wild Animal and
Plant Protection
Phat Tan Duong Illegal importation - imported
Canada 2002 and Regulation of WAPPRIITA -s.6(2) $956 Bird was forfeited.
(6) a parrot without a permit.
International and
Interprovincial

76
Trade Act

Wild Animal and


Plant Protection
Luc Desgagne and Regulation of Illegal importation - imported Forfeit the parrot - worth approx.
Canada 2004 WAPPRIITA - s.6(2) $2,889
(6) International and a parrot without a permit. $351.
Interprovincial
Trade Act
Wild Animal and
Plant Protection Unlawful export from Canada
William Gorman and Regulation of to the United States of an WAPPRIITA - unspecified, Suspended
Canada 2004 Parrot returned to Mr. Gorman US citizen
(6) International and African grey parrot - no probably s.6 sentence
Interprovincial permit.
Trade Act
Wild Animal and
Plant Protection
One charge of unlawfully
and Regulation of
Choo-Sin exporting black bear gall WAPPRIITA - exporting charge
International and Mandatory victim surcharge of
Canada 2004 (William) Chang bladders; one charge of 2 s.6. OFWCA - possession $30,812
Interprovincial $6,1624.
(6) unlawfully possessing black charge
Trade Act; Ontario
bear gall bladders.
Fish and Wildlife
Conservation Act
Attempted to smuggle 5
Individual Nature $1,918 or 18
South African grey and 2 Jardine Prohibited acts with $959 or 9 months imprisonment
2002 Defendant, flight Conservation months
Africa parrots from the Congo into endangered species. suspended for 3 years.
engineer. (22) Ordinance incarceration
South Africa.
$66 or 5 months of the sentence
Nature Illegally imported/smuggled $1,336 or 10
South Prohibited acts with being suspended for 3 years on
2003 Jan Bester (22) Conservation 165 Cape Fur Seal skins months
Africa endangered species. condition he won't be charged
Ordinance from Nambia. incarceration
with a similar offence.

77
Unlawful Sale of Goods

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Had sold fish worth almost


Australia Individual Fisheries
2003 $93,000 that could not be $4,387
(NSW) Defendant (3) Management Act
accounted for.
Munro Canadian Sold/offered for sale a
$2,584 paid into Environmental
Canada 2001 Electronics Ltd Environmental pressurized container with 2 Ozone-Depleting Substances $3,231
Damage Fund.
(9) Protection Act 2kg or less of HFCF.
RAE Industrial Canadian Sold/offered for sale a
$2,584 paid into Environmental
Canada 2001 Electronics Ltd Environmental container with 2kg or less of 2 Ozone-Depleting Substances $3,231
Damage Fund
(9) Protection Act HFCF
Migratory Birds
Convention Act;
Wild Animal and Offering an endangered bird
William R. Plant Protection species for sale; illegally Migratory Birds Regulations
Canada 2004 $2,503
Jamieson (6) and Regulation of attempting to sell a mounted s.12(1); WAPPRIITA s.8(c)
International and Eskimo curlew.
Interprovincial
Trade Act
Banned from fishing for three
Buying and selling black FA - s.233(1) obtain a benefit
New Boon Lim Chin 18 months years and had property,
2002 Fisheries Act market paua and exportation by knowingly acting in Guilty plea.
Zealand (17) incarceration including three vehicles, forfeited
to Hong Kong. contravention of this act.
to the Crown.

Miscellaneous

Country Date Offender Legislation Nature of the Offence Charges Regulation Contravened Sentence Court Orders Notes

Horace Knight Quarries Control Possession of illegally Fine includes a $567 "wrecker"
Jamaica 2003 Not specified. $567
(14) Act quarried sand. fee.

78
Stephen Green
United Caught speeding on the Land Drainage and Sea Prosecution costs ordered - Found guilty in
2004 and Alasdair $1,250
Kingdom River Arun. Defence bylaws. $174 each. their absence.
Williamson (25)
Manchester Ship Shipping company took more WRA s.24(1)(a) and 24(4)(a) -
United Water Resources Prosecution costs ordered -
2004 Canal Company than the prescribed amount 8 exceeded maximum quantity of $11,731 Guilty plea.
Kingdom Act $1,218
(25) of water. water to be abstracted per day.
Operating outside its
Global
United permitted hours following a Prosecution costs ordered -
2005 Commodities Not specified. 4 Not specified. $31,552
Kingdom history of noise complaints $5,473
(UK) Ltd (25)
and previous warnings.
RCRA - 6928(d)(2)(A) - Environmental
The Resource Operated an illegal knowingly treats, stores or charge in the
United John E. Sams 151 months
1999 Conservation and methamphetamine drug lab disposes of any hazardous 36 months probation hazardous
States (25) incarceration
Recovery Act and drug distribution ring. waste; plus criminal drug production of
charges. drugs.
Individual
48 months incarceration
Defendant, $8,000
United New Hampshire Illegally contracted the drilling suspended; 12 months
2002 owner of 48 months
States State Regulations of wells in New Hampshire. probation; 50 hours of
Statewide Drilling incarceration
community service.
(25)

79
Bibliography of Sources
Australia

1 – Lawlink: Case Law New South Wales. Online directory of case law. 9 – The Green Lane, Environment Canada website - Prosecutions under the Canadian
Available at -- http://www.lawlink.nsw.gov.au/lawlink/caselaw/ll_caselaw.nsf/pages/cl_index Environmental Protection Act and the Fisheries Act.
* select Land and Environmental Court – year of decision – “view by name” – “E” – cases Available at -- http://www.ec.gc.ca/ele-ale/prosecutions/prosecutions_e.asp
prosecuted by the Environmental Protection Agency.
10 - Clarke, Ann L. An Examination of Environmental Restoration and Funding Regimes in
2 – Australian Maritime Safety Authority Oil Pollution Prosecutions – table provided to CJEI Canada, Australia, Sweden, The United Kingdom, and the United States (Master’s Thesis,
by Mr. Jon Stone from Environment Canada, Dartmouth., Nova Scotia. Dalhousie University 2005)
See also Australian Maritime Authority website at:
http://www.amsa.gov.au/Marine_Environment_Protection/Protection_of_the_sea/Prosecution India
s_for_Ship_Sourced_Pollution/AustralianProsecutions.asp
11 – Diwan, Paras & Peeyushi Diwan Eds., Environmental Administration, Law and Judicial
3 – Government of New South Wales, Department of Primary Industries, Fisheries website. Attitude Vol. 1 Studies on Environmental Protection. Leading Cases (New Delhi: Deep and
Available at -- http://www.fisheries.nsw.gov.au/general/News_Room Deep Publications, 1992)
*use search function – “fined” or “sentenced”
12 - Rosencranz, Armin & Michael Jackson “The Delhi Pollution Case: The Supreme Court of
4 – Government of Victoria, Department of Primary Industries Media Releases website. India and the Limits of Judicial Power” in Columbia Journal of Environmental Law Vol.28:
Available at -- http://www.dpc.vic.gov.au/4A256811001D78BF/Search?OpenForm No.2 2003 223-254.
* use search function – “offender name” or “fined”
13 – Divan, Shyam & Armin Rosencranz, Environmental Law and Policy in India (New Delhi:
5 – Clarke, Ann L. An Examination of Environmental Restoration and Funding Regimes in Oxford University Press, 2001)
Canada, Australia, Sweden, The United Kingdom, and the United States (Master’s Thesis,
Dalhousie University 2005)
Jamaica
Canada
14 – Government of Jamaica, National Environment & Planning Agency website – Press
6 - The Green Lane, Environment Canada website. News Releases. Releases
Available at -- http://www.ec.gc.ca/press_e.html Available at -- http://www.nrca.org/newscenter/Press_releases/current/index.htm

7 – “Fisheries Penalty Grid” – Provided by Mr. David Meadows from the Department of Mauritius
Justice, Government of Canada.
15 – Worldwide Analysis of Oil Spill Prosecution. By Dagmar Schmidt Etkin, Ph.D., Senior
8 - Government of Canada’s Marine Pollution – Enforcement and Prosecution website. Research Analyst/Consultant, Cutter Information Corp. Report prepared for Environment
Available at -- http://www.marinepollution.gc.ca/en/enforcement/prosecutions.htm Canada. Provided by Environment Canada, Dartmouth, Nova Scotia.

80
Available at -- http://www.panda.org.za/article.php?id=391

New Zealand United Kingdom

16 - A Study into the Use of Prosecutions under the Resource Management Act 1991. 24 – Worldwide Analysis of Oil Spill Prosecution. By Dagmar Schmidt Etkin, Ph.D., Senior
Published by the New Zealand Ministry of the Environment in May 2002. Research Analyst/Consultant, Cutter Information Corp. Report prepared for Environment
Available at -- http://www.mfe.govt.nz/publications/rma/prosecution-use-under-rma- Canada. Provided by Environment Canada, Dartmouth, Nova Scotia.
may02.html
25 – Government of the United Kingdom, Environmental Agency website – New and Media
17 – Government of New Zealand, Ministry of Fisheries website – News Releases Available at - http://www.environment-agency.gov.uk/news/
Available at -- http://www.fish.govt.nz/current/pressreleases.html
26 – Clarke, Ann L. An Examination of Environmental Restoration and Funding Regimes in
18 – Auckland Regional Council website – Media Releases. Canada, Australia, Sweden, The United Kingdom, and the United States (Masters Thesis,
Available at -- http://arc.govt.nz/arc/about-arc/media/media_home.cfm Dalhousie University 2005)
18A – Environment Bay of Plenty Regional Council website – Media Releases
Available at -- http://www.ebop.govt.nz/Publications/Media-Releases.asp 27 - Case History of Oil Spills and Fines. By Dagmar Etkin, Cutter Information Corp. Report
prepared for Environment Canada. Provided by Environment Canada, Dartmouth, Nova
Singapore Scotia.

19 – Worldwide Analysis of Oil Spill Prosecution. By Dagmar Schmidt Etkin, Ph.D., Senior United States
Research Analyst/Consultant, Cutter Information Corp. Report prepared for Environment
Canada. Provided by Environment Canada, Dartmouth, Nova Scotia. 28 – United States Environmental Protection Agency – Compliance and Enforcement website.
Summary of Criminal Prosecutions
20 – Case History of Oil Spills and Fines. By Dagmar Etkin, Cutter Information Corp. Report Available at -- http://cfpub.epa.gov/compliance/criminal_prosecution/
prepared for Environment Canada. Provided by Environment Canada offices in Dartmouth,
Nova Scotia. 29 – Worldwide Analysis of Oil Spill Prosecution. By Dagmar Schmidt Etkin, Ph.D., Senior
Research Analyst/Consultant, Cutter Information Corp. Report prepared for Environment
South Africa Canada. Provided by Environment Canada, Dartmouth, Nova Scotia.

21 – South African Government Department of Environmental Affairs and Tourism webste. 30 – Case History of Oil Spills and Fines. By Dagmar Etkin, Cutter Information Corp. Report
Available at -- http://www.environment.gov.za/ prepared for Environment Canada. Available from Environment Canada offices in Dartmouth,
Nova Scotia
22 - Gauteng Province Department of Agriculture, Conservation, Environment and Land
Affairs website – Press Releases 31 – NOAA's National Marine Fisheries Service website – Press Releases.
Available at -- http://www.gdace.gpg.gov.za/main.asp?inc=docs/pr/index.html Available at -- http://www.nmfs.noaa.gov/ole/news/news_NED_052804.htm

23 – World Wildlife Fund website - Newsroom 32 – Alaska Department of Environmental Conservation website – Press Releases.

81
Available at -- http://www.dec.state.ak.us/press_releases/index.htm
Exchange Rates

• All fines or payments are given in


1987 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 US dollars, as calculated using this
table.
Australia .7436 .6298 .6457 .5826 .5182 .5441 .6528 .7373 .7705
• Rates are based on a yearly
average obtained from
Canada .7544 .8574 .8729 .8283 .7758 .7324 .7291 .7336 .7224 .6750 .6736 .6739 .6461 .6372 .7164 .7703 .8113 http://www.oanda.com/convert/fxhis
tory. To obtain the figure in US
dollars, simply times the local
India .0318 .0275 currency by the number in the table.
(1 Aus$ x .7705 = 77.05 US$)
Jamaica .0210 .0189 .0174 .0176 • Fines were often given in round
numbers (i.e. $5000), as opposed
Mauritius .0477 to the random numbers that
standardizing the currency have
created.
New
Zealand
.5944 .6567 .6882 .6625 .5372 .5296 .4579 .4212 .4650 .5827 .6646 .7111

Singapore .6749

South
Africa
.0959 .1336 .1562 .1602

United 1.785 1.657 1.617 1.516 1.441 1.504 1.635 1.833 1.856
Kingdom

United 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
States

82
List of Acronyms
AIMPBA - Aquaculture Inland and Marine Products and By-Products (Inspection Licensing & MPA - The Marine Pollution Act
Export) Act M/V – Merchant Vessel
APPS - Act to Prevent Pollution from Ships NSW – New South Wales
CAA – Clean Air Act PA - Pesticides Act
CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act POEO - Protection of the Environment Operations Act
CEPA – Canadian Environmental Protection Act QLD – Queensland
CFPA - Coastal Fisheries Protection Act RCRA - The Resource Conservation and Recovery Act
CSA - Canada Shipping Act RMA - Resource Management Act
CWA – Clean Waters Act RRTA - Roads and Rail Transport (Dangerous Goods) Act
EA - Environment Act SDWA - The Safe Drinking Water Act
EDF – Environmental Damages Fund SFFA - Salmon and Freshwater Fisheries Act
EHCA - Environmentally Hazardous Chemicals Act TSCA - The Toxic Substances Control Act
EPA – Environmental Protection Act VIC - Victoria
FA – Fisheries Act WAPPRIITA - Wild Animal and Plant Protection and Regulation of International and
FIAR - Fishing Industry Act and Regulations Interprovincial Trade Act
FIFRA - Federal Insecticide, Fungicide and Rodenticide Act WMMA - Waste Minimisation and Management Act;
FMA - Fisheries Management Act WPA - Wildlife Protection Act
F/V – Fishing Vessel WRA – Water Resources Act
MBCA - Migratory Bird Convention Act

83

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