by Cheryl Leschasin
Northern News Services

NNSL (May 26/97) - A Fort Smith resident in court last week answering four charges under the Environmental Protection Act will back in court this October.

Armando Burton was ordered to pay $73,900 in fines on May 13 for allowing contaminants to enter the environment and failing to clean up his oil spill.

It's a small price to pay, considering fines for Burton's offenses could have reached millions.

Some $23,900 of those fines is to be paid directly to the Department of Renewable Resources to cover partial costs of analysis carried out.

In his ruling, Judge Robert Halifax said:

"Considering the amount of testing and extra costs that had to be incurred in this matter because of the lack of response by the accused, in my view, the department and the taxpayers of this country shall be entitled to recover that."

In addition, Burton must pay to have the spillage cleaned up.

"He will need to hire a consultant to find out the extent of the mess at his expense," said Berny Bergman, a Renewable Resource Officer in Fort Smith.

Bergman, who investigated the spill, said Burton was given repeated warnings to clean up the mess. "He was asked to clean it up and he didn't," said Bergman.

Over the period of one year, Burton allowed a mix of petroleum products to spill on two properties he owns in Fort Smith.

The properties, an old gas station and a site along the highway, must be restored by Aug. 15, but a cleanup plan must be in place with the Department of Resources within 30 days of the judgment.

Meanwhile, Fort Chipewyan RCMP Const. Gerry Kerr confirmed the Province of Alberta has charged Berton with theft over $5,000 for taking soil from Crown land in Alberta and for damaging Crown land.

Berton's preliminary trial on those charges is set to begin Oct. 6.

Burton could not be reached for comment. A phone call placed to his home office elicited only the unidentified response of "You don't ever need to call here again."