A British Columbia mining company blamed for extreme levels of selenium in Lake Koocanusa has been fined $3.6 million for several violations.

In an Oct. 1 ruling, Elk Valley Resources, who bought Teck Coal Limited two years ago, was fined for seven penalties for delays in constructing and operating three water treatment facilities between 2018 and 2022 and 171 instances of releasing pollutants into the Elk River, a tributary of the reservoir that spans the U.S. and Canada, between 2021 and 2023.

The violations include:

- $101,250 penalty for 45 days of delay in operating a new water treatment facility at its Elkview Operations;

- $1,545,500 penalty for 281 days of delay in operating a new water treatment facility at its Fording River Operations; this is the second administrative penalty for the same issue;

- $896,500 penalty for 163 days of delay in operating a second new water treatment facility at its Fording River Operations;

- $220,000 penalty for 44 separate failures to comply with selenium water quality limits between April 2021 and March 2023. This is the second administrative penalty for the same issue;

- $342,000 penalty for 74 separate failures to comply with nitrate water quality limits between April 2021 and March 2023;

- $18,000 penalty for 3 separate failures to comply with selenium water quality limits between March and April 2022;

- $503,500 penalty for 50 separate failures to comply with nitrate water quality limits between February 2021 and March 2023. This is the second administrative penalty for the same issue.

While selenium occurs naturally and is needed for cell function in many living creatures, excessive levels can be toxic to aquatic life that are eaten by fish and wildlife, affecting reproduction and development.

In a news release, the Ktunaxa Nation Council supported fines to Elk Valley Resources for pollution offenses.

“We are pleased the Ministry has recognized the significance of ʔamakʔis Ktunaxa to the Ktunaxa people in its decision assessing penalties against EVR,” said KNC Chair Kathryn Teneese. “As Ktunaxa, we are responsible for stewarding land and water in ʔamakʔis Ktunaxa, and we are steadfast in our desire to see water quality improve in Qukin ʔamakʔis and the Elk and Kootenay rivers,” said Teneese. “We are all part of ʔamakʔis Ktunaxa and must protect it so it will continue to support us culturally, economically and spiritually, as it has since time immemorial.”

Mining in the region, which has caused elevated selenium and nitrate levels, has been a source of concern for decades because it has caused water quality problems in the Elk and Kootenay river systems.

It has resulted in scrutiny by the Ktunaxa Nation Council, environmental groups and U.S. agencies downstream in Montana.

The issue is under review by the International Joint Commission, which is studying cross-border impacts under the 1909 Boundary Waters Treaty. A final report is expected in 2026.

In a statement by EVR published in the Vancouver Sun, the company said the fines predate its July 2024 acquisition by Glencore Group but that it’s working to deal with the environmental problems at the mines.

“Monitoring shows selenium and nitrate levels have stabilized and are decreasing downstream of treatment,” EVR spokesperson Chris Stannell said. “Our four constructed water treatment facilities have capacity to treat 77.5 million litres of water per day and are successfully removing between 95 and  99% of  selenium from treated water.

“Three additional water treatment construction projects currently underway are expected to increase capacity by an additional 50 million liters per day.”