A BC tribunal has upheld a $75,000 fine issued to Tolko Industries after a logging road it built in the Shuswap caused a landslide.

According to a July 15 Forest Appeals Commission decision, the landslide took place in 2017 and deposited an estimated 11,500 cubic metres of debris in Rosemond Lake, just south of Mara Lake.

The Commission found the landslide happened because of inadequate risk assessment during road design, planning, construction, and post-construction inspection.

Tolko was fined $75,000 for causing the landslide several years ago, but appealed, arguing the fine was excessive.

The decision says the road was built in 2011, and the landslide took place in May 2017, during a few days of heavy rain that caused flooding and damage across the region. The event was so significant enough that in Kelowna, some people were evacuated, and others across the Southern Interior faced power outages and boil water advisories.

Following the landslide, the province found the logging road had insufficient culverts in the road, and natural drainage wasn’t maintained following Road construction, which were contributing factors.

In its appeal, Tolko didn’t deny that it caused the landslide, but appealed the amount of the fine, saying it was unreasonable and should be reduced.

The province argued the fine was appropriate, pointing out that over the years on two previous occasions Tolko had been fined for the same thing.

“The evidence sheds light on (Tolko’s) apparent oversights and lack of due diligence,” the Commission said, adding the gravity of the infraction was “significant or high.”

In arguing for a nominal fine, Tolko argued it was cooperative throughout the investigation and fixed the road and the drainage within days of the Rosemond Slide.

However, the Commission wasn’t sold.

“The landslide and resulting damage to environment and timber has already occurred and few meaningful efforts are available to correct such a contravention,” the Commission said.

The Commission also took aim at Tolko for not reporting the landslide after it happened.

“(Tolko) is an experienced forest licensee… it is troubling that despite the apparent existence of internal monitoring and inspection systems, and the involvement of several qualified professionals in assessing the Rosemond Slide and planning remedial works, the Ministry was not notified of the slide,” the Commission said.

The Commission said a fine had to act as a strong deterrence.

“Road construction and natural surface drainage management are activities frequently undertaken by (Tolko)… (it) has had previous contraventions of a similar nature related to road construction and drainage management,” the Commission said. “The gravity and magnitude of the contraventions is high.”

On top of the $75,000 fine, Tolko will also have to pay to cover the cost of any timber lost in the landslide, which has yet to be determined.