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Pesticide spill results in $85,000 in fines for DOW Agrosciences Canada Inc. and Procyk Farms (1994) Limited

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Pesticide spill results in $85,000 in fines for DOW Agrosciences Canada Inc. and Procyk Farms (1994) Limited

SIMCOE -- Dow AgroSciences Canada Inc. has been fined $65,000 and Procyk Farms (1994) Limited has been fined $20,000, plus victim fine surcharges, after pleading guilty to violations under the Environmental Protection Act.

The Court heard that Procyk Farms (1994) Limited is the owner of a farm in Vanessa, used for the growing of produce and ginseng.  Dow AgroSciences Canada Inc. was the owner of a bulk storage tank of the pesticide, Telone C-17, located on the farm property.  A leak in the tank caused a large spill of the pesticide.  Dow AgroSciences Canada Inc. responded to the spill and hired an excavator to remove the sandy soil from the area in which the tank had been sitting.  The waste soil was transferred to a property that was not an approved waste disposal site.  After nearby residents reported that their water had a bad odour and taste, and that they were experiencing burning eyes and difficulty breathing when their water was running, it was discovered that the pesticide had contaminated the groundwater in and around their house which was near the spill location.  The residents were no longer able to use their drinking water well.

Dow AgroSciences Canada Inc. and Procyk Farms (1994) Limited were charged following an investigation by the Ministry of the Environment's Investigations and Enforcement Branch.

Procyk Farms (1994) Limited pleaded guilty on July 11, 2008 to one count of discharging a contaminant, namely Telone C-17, into the natural environment and causing an adverse effect, contrary to s.14(1) of the Environmental Protection Act.  Procyk Farms (1994) Limited was fined $20,000 plus a victim fine surcharge, and given one year to pay.

Previously, Dow AgroSciences Canada Inc. pleaded guilty on April 4, 2008 to one count of depositing waste upon land for which a Certificate of Approval had not been issued, contrary to section 40 of the Environmental Protection Act.  Dow AgroSciences Canada Inc. was fined $65,000 plus a victim fine surcharge, and given 60 days to pay.

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