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Business and Owner fined $7,500 for Environmental Protection Act (EPA) Violations

Archived Court Bulletin

Business and Owner fined $7,500 for Environmental Protection Act (EPA) Violations

Convicted - 1162900 Ontario Incorporated (dba Watterworth Farms) and Patricia Ann Watterworth

Location - St. Thomas

Description of Offence - The convictions relate to refusing to provide information to the ministry and non-compliance with a ministry order. 

Date of Offence - on or around June 23, 2015 and September 12, 2015.

Date of Conviction - May 16, 2018

Penalty Imposed - 1162900 Ontario Inc., was convicted of one offence under the Environmental Protection Act (EPA) and was fined $2,500 plus a Victim Fine Surcharge (VFS) of $625. This fine has been paid. On the same day, Patricia Ann Watterworth was also convicted of one offence under the EPA and was fined $5,000 plus a VFS of $1,250 with 6 months to pay.

Background -  

  • John Malcolm Watterworth and Patricia Ann Watterworth are Directors of the company which operates under the registered business name "Watterworth Farms".
  • On May 22, 2015, the ministry received a complaint from a resident of the Municipality of West Lorne regarding concerns of manure application impacting surface water at the neighbouring property.
  • On or around May 22, 2015, an employee of the company applied manure to field areas owned by Mr. Watterworth located at 11900 Graham Road.
  • Between May 26, 2015 and September 22, 2015, ministry staff attempted to gather information from the company's Directors relating to the manure application to determine whether the application was performed in accordance with environmental legislation and nutrient management best practices.   
  • The Directors refused to provide the name of the employee who had been operating the manure spreading equipment on May 22, 2015.
  • On August 7, 2015, the ministry issued a Provincial Officer's Order, requesting the company provide details of manure spreading procedures in the form of a written policies and procedures manual, by September 11, 2015.
  • Neither the company nor its Directors submitted the required documentation by the deadline. 
  • The incident was referred to the ministry's Investigations and Enforcement Branch and following an investigation charges were laid resulting in two convictions.

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