Gas station owner fined $124,500 for violating the Ontario Water Resources Act
WHITBY -- On September 18, 2008, Khaled El-Masri and 1098431 Ontario Limited were convicted of a total of 11 counts of violating the Ontario Water Resources Act in connection with the operation of a sewage works and were fined $124,500.
1098431 Ontario Limited is a company that owns and operates a gas station located at 3005 Highway 115/35 in the Municipality of Clarington. Mr. El-Masri has been a designated officer of the company since 1999.
The Court heard that on July 16, 2004, the ministry had issued a Certificate of Approval to the company for a new sewage works. On November 15, 2006, a ministry inspection revealed that the sewage works was not in compliance with its certificate.
The 11 charges involved various contraventions of the Ontario Water Resources Act, as prescribed in the certificate. Some of these included: failing to build, install and operate the sewage works in accordance with the Act; failing to collect and analyze monthly effluent samples; and failing to collect and analyze monthly groundwater samples.
Mr. El-Masri and 1098431 Ontario Limited was charged following an investigation by the Ministry of the Environment's Investigations and Enforcement Branch.
The defendants were issued a Court Order on September 18, 2008, which requires them to comply with the Certificate of Approval within 90 days of the issuance of the order.
Justice of the Peace Alfred Johnston heard the case in the Ontario Court of Justice in Whitby, Ontario and imposed sentence on September 18, 2008.