A $1,200-fine has made it that much more difficult for the Swift River Lodge's owner to pay for the new sewage system she was fined for not having installed.

Lodge owner Sharon Johnson made that statement in a territorial courtroom last Friday.

Visiting Judge Gerald Barnable found her guilty of failing to comply with a public health order that a new sewage system be installed by last June 30 and another charge of failing to comply with the order by opening the restaurant without permission.

A further charge of opening a public eating and drinking establishment without permission was stayed by the territorial Crown.

'I'm satisfied it's a proper order and Mrs. Johnson has not complied,' Barnable said as he delivered his late afternoon decision.

The decision came days after Johnson had defended herself at trial over the charges. She had pointed to the initiatives she and her brother, who helps operate the business, took to ensure there was a safe sewage system.

She also fought the charge she was operating the restaurant, arguing the kitchen was also her home kitchen and she was permitted to use it as such.

She was fined $500 on the sewage system charge and another $700 for opening the restaurant.

Outside the courtroom early Friday evening, Johnson expressed her disappointment with the verdict and said she can't afford to appeal the case.

'We've tried to give good public service for 13 1/2 years,' she said of the lodge, located between Teslin and Watson Lake.

Over the course of the trial, the court heard the lodge was ordered to install the new sewage system by last June 30 after a number of problems were found, such as its being too close to the well for the water supply.

As Johnson argued though, the business had to go through an extensive process to get the land for the new system and lodge she was planning to build. Potential financiers eventually pulled out of the project as time went on, with the lodge only getting enough space to install the new sewage system.

Johnson took interim measures to make the system as safe as possible. They included closing off sewage lines to a pit so that all sewage went directly to the sewage tanks, which were taken and emptied at a disposal site about once a week, she said.

Under the public health order, the Swift River Lodge was permitted to continue its fuel business and to sell pre-packaged food like chips and pop, but could not operate the hotel or restaurant.

Johnson argued public health officer Gregory Tone never questioned two people who ate, then paid Johnson on what they were buying. However, Barnable said he found beyond a reasonable doubt that she was selling food in the restaurant.

It was, however, the only evidence he was presented with that showed beyond a reasonable doubt that she was selling food in the restaurant, the judge said.

Territorial Crown prosecutor Kim Solva suggested Barnable order Johnson pay a fine of $1,000 for the charge around the sewage system and a $500- to $1,000-fine for operating the restaurant. Johnson told the court it may have to look at a jail term for her as an alternative because she has no way to pay it off.

'I have no more funds,' she said. 'We have no more money.'

A significant fine, she said, makes it difficult to come up with the cash to pay for a new sewage system. Selling fuel does not provide a lot of money for the lodge, she told the court.

As Solva noted, fines can be worked off through community service rather than paying cash.

In reaching the $1,200-sentence for both charges, Barnable said while he could make an example of Johnson in the sentence, he also had to consider her individual circumstances.

'Twelve hundred dollars would deter many people,' he said.

Johnson was given two months to pay off the fine.

Later, outside the courtroom, Johnson noted her confusion with Solva's argument that there are no similar cases in the territory to look to on sentencing.

'We are definitely not the first,' she said. She pointed to a territorial court order made last August that the Koidern Lodge near Beaver Creek repair its sewage system.

Johnson expects there will be many similar court cases for lodges along the Alaska Highway, many of which have older sewage systems that may not meet current standards.

As for the future of the Swift River Lodge, Johnson said it will be open to serve the public as long as it can.