Teamsters Canada Rail Conference

Published: March 2nd 2009
Source: CanWest
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Cottage owners in Wabamun Lake, Alta, say they aren't satisfied after Alberta Environment laid a single charge against CN Rail Monday as a result of last year's derailment and oil spill.

Alberta Environment has charged the company with one count of failing to take all reasonable measures to remedy and confine a spill in connection with the accident Aug. 3, when 712,500 litres of Bunker C oil leaked from 12 of 43 cars that went off the tracks.

''It's got a maximum penalty of a half-million dollars,'' said Wabamun Lake residents' committee chairman Doug Goss.

''Does it give me any comfort as a citizen? No, because at the end of the day, 35 kilometres of shoreline was covered in oil and untold birds and animals died.''

One of the ruptured cars contained pole-lubricating oil, which contains hazardous chemicals. Local residents unhappy with the cleanup efforts briefly blocked the main rail line two days later when CN officials failed to show up at a meeting with them.

Alberta Environment Minister Guy Boutilier said the charge was laid following a ''diligent'' investigation by his department.

''Alberta has strong laws. People expect those laws to be followed,'' he said. ''So that means that Alberta law has (allegedly) been broken and the government will demonstrate that in court."

The company is scheduled to appear in provincial court on the charge July 5.

But Alberta NDP environment critic David Eggen said the charges are inadequate.

''In light of the tremendous profits that CN is realizing by increasing the traffic considerably on this northern line, (it seems) that this might just be the cost of doing business for them.''

Liberal MLA David Swann argued the top fines in such serious cases should be boosted to between $3 million and $5 million. The current maximum isn't a deterrent, he said.

The company wouldn't comment directly on the Wabamun case, saying the matter is before the courts.

In a written release, it said major cleanup activities are expected to be complete by the end of June, with crews remaining available through the summer to deal with any oil appearing on the shoreline.

Although monitoring and testing will continue as long as needed, all the work is succeeding, the release said. ''CN remains fully committed to the cleanup and remediation of the lake.''

Although Goss said the transportation giant has already spent $75 million removing the mess, he hopes in future the provincial government starts cleaning up spills immediately and sends the bill to the company responsible.

''At the end of the day, this isn't enough, to say to the public: 'CN should have had a plan, but they didn't and let all that oil get into your lake. Here's their fine,''' he said.

Environment Canada and Transport Canada are still awaiting the results of federal investigations before deciding whether any further charges will be laid in connection with the accident.

Property owners have until June 30 to decide whether they'll accept a settlement from the $7.5-million fund set up by CN to compensate for their loss of use and enjoyment of the lake 50 kilometres west of Edmonton.