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1552842 Ontario Limited fined $6,000 for Ontario Water Resources Act (OWRA) Violation

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1552842 Ontario Limited fined $6,000 for Ontario Water Resources Act (OWRA) Violation

Convicted - 1552842 Ontario Limited, operating as Truax Land and Building Corporation

Location - Windsor

Description of Offence -  The convictions relate to abandoning a well without completing a well record, and failing to maintain the well to prevent the entry of foreign materials into the well.

Date of Offence - On or around March 20, 2015 and March 30, 2015

Date of Conviction - December 18, 2017

Penalty Imposed - 1552842 Ontario Limited was convicted of two offences under the OWRA, fined $6,000 plus a Victim Fine Surcharge (VFS) of $1,500, and was given 45 days to pay.

Background

  • 1552842 Ontario Limited operating as Truax Land and Building Corporation owns a property on Wigle Avenue in Kingsville. 
  • In July 2012, an environmental consulting company was contracted to install twelve groundwater monitoring wells, as part of the second phase of an Environmental Sensitivity Assessment (ESA).
  • The purpose of the ESA was to assess the site's current soil and groundwater quality for potential redevelopment as an industrial/commercial subdivision. 
  • In 2002, there was a fire at the site, at a metal stamping facility which burned to the ground.  A waste by-product of metal stamping is an oily sludge waste, which can create subsurface soil impacts. Hence the ESA was commissioned.
  • On March 20, 2015, ministry staff attended the site and observed that monitoring wells could no longer be located, except for one that was severely damaged.  
  • In March and in August, 2015, the ministry sent letters ordering the company to bring the monitoring wells up to legislative standards, and to submit written confirmation. The ministry received no response. 
  • In July 2016, ministry staff made attempts to contact the company regarding the status of the monitoring wells.  A representative of the company was unable to state what had happened to the wells.
  • The incidents were referred to the ministry's Investigations and Enforcement branch, resulting in charges being laid and the convictions.

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