A local volunteer streamkeeper is questioning why Environment Canada dropped an investigation into a 2007 chemical spill that killed fish in John Matthews Creek and turned the water yellow.
"Our conclusion was that there was no conclusion. There was no reason Environment Canada didn't follow up," said Paul Cipywnyk, of the Byrne Creek Streamkeepers.
On Oct. 11, 2007, a cleaning man flushed hazardous waste from a defunct electroplating shop down a drain, which leads to the John Matthews Creek, a tributary to Byrne Creek.
Cipywnyk was on the scene that day.
"There was kind of this goopy yellow stuff coming down, and it ran yellow for a long time, like hours," he said.
According to documents from a freedom of information request made by the City of Burnaby, Environment Canada investigators knew where the hazardous waste came from, but the agency did not pursue the case.
According to the file, spills from electroplating shops can be quite serious and pollutants can include strong acids and heavy metals, like cadmium, copper, zinc and chromium.
The fish killed in the spill likely suffocated after their gills were burned.
Under section 36 (3) of the Fisheries Act, it's illegal to deposit deleterious substances into areas with fish or waterways leading to their habitat. Penalties can include a fine of up to $100,000 and/or one year in jail, maximum.
The documents released don't indicate why Environment Canada dropped the 2007 case.
Environment Canada spokesperson Henry Lau said the enforcement branch looked into the matter and decided charges would not be applied.
"As this did not results in a prosecution, we are not at liberty to comment further on the matter out of respect for the privacy of those involved," he said.
The NOW contacted Randy Polozo, owner of the building where the chemicals came from.
Polozo was leasing the space to people running an electroplating shop who left the hazardous chemicals behind.
Polozo hired a man to transfer liquids from vats into drums, but he spilled a lot on the floor and washed it down the drain. Polozo was stuck with a clean-up bill of about $80,000.
When asked if Environment Canada ever explained to him that the spill was a violation of federal law, Polozo said no.
"We didn't do it on purpose. It was an accident," he said.
There has been a number of spills in Byrne Creek over the years; the 2007 spill only killed about two dozen fish, but another one in March 2010 wiped out the entire creek.
In that case, Environment Canada did not take any action, as they could not locate the source.
Cipywnyk said he's had informal talks with people who work for Environment Canada who usually informally point the finger to lack of budget, or lack of resources or the difficulty in getting prosecutors to accept the cases.
"It just gets very frustrating when volunteers put in thousands of hours for free, and then once a year, or once every couple of years, they turn to an agency whose mandate is to protect the environment and have things go nowhere," he said. An occasional prosecution or fine may force people to pay a little attention, he added.
