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Business and Owner fined $8,000 for Ontario Water Resources Act Violation

Court Bulletin

Business and Owner fined $8,000 for Ontario Water Resources Act Violation

Convicted - 1230890 Ontario Limited and William J. Warner

Location - Sarnia

Description of Offence - The convictions relate to operating an existing sewage works without a ministry approval, contrary to the Ontario Water Resources Act.

Date of Offence - Beginning on or about February 29, 2016 and ending on or about June 26, 2017

Date of Conviction - June 19, 2018

Penalty Imposed - 1230890 Ontario Limited was convicted of one offence under the Ontario Water Resources Act and was fined $6000 plus a Victim Fine Surcharge of $1500. On the same date, William J. Warner was also convicted of one offence under the Ontario Water Resources Act and was fined $2000 plus a Victim Fine Surcharge of $500. Both parties were given 90 days to pay.

Background -  

  • 1230890 Ontario Limited operates a livestock truck and trailer washing and disinfecting facility  under the name of Warner Transport.
  • William J. Warner is a director and officer of the company.
  • William J Warner Investments Limited is the owner of the land on which the Warner truck washing facility is located, on Widder Road in the Town of Thedford.
  • On May 22, 2015, ministry staff conducted an inspection at the site in relation to a spill that had occurred earlier that month.
  • During the inspection, it was identified that the company had installed underground storage tanks to collect waste water from the truck washing operations.
  • The wastewater is drained into an underground wastewater storage area which consists of three 7200 litre septic tanks and one 9200 litre septic tank (total capacity of 30,800 litres).
  • Ministry staff informed Mr. Warner that because the sewage works was in excess of 10,000 litres, the site required an Environmental Compliance Approval issued by the ministry.
  • On June 1, 2015, ministry staff issued a ministry order to the company requiring that it submit an Environmental Compliance Approval application for the sewage works.
  • The order was not contested. William Warner requested two extensions of the deadlines in the Order, which the Ministry granted.  The final deadline of March 1, 2016 passed without the company submitting an application.
  • The matter 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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