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Hamilton Harbour Marine Terminal fined $10,000 for Environmental Protection Act Violation

Court Bulletin

Hamilton Harbour Marine Terminal fined $10,000 for Environmental Protection Act Violation

Convicted - Fednav Limited/Fednav Limitee

Court Location - Hamilton

Description of Offence - The conviction relates to failing to submit reports as required.

Date of Offence - During the period on or about September 26, 2016

Date of Conviction - October 11, 2018

Penalty Imposed - Federal Marine Terminals was convicted of one violation under the Environmental Protection Act and was fined $10,000 plus Victim Fine Surhcarge of $2,500 and was given 30 days to pay the fine.

Background -  

  • Fednav Limited/Fednav Limitee is a Canadian corporation that operates a marine terminal under the business name Federal Marine Terminals in Hamilton Harbour. Operations carried out at the site include general bulk and cargo stevedoring services.
  • In July 2015, ministry staff conducted a site inspection and asked the company to conduct assessment work to confirm its ability to comply with new standards being introduced into Ontario Regulation 419/05, "Air Pollution - Local Air Quality", which would come into force on July 1, 2016.
  • In July 2016, the company filed a "Notification of Exceedance", which reported that based on predictive air-contaminant modelling under the new standards, June 25, 2016 contaminants exceeded the upper-risk threshold limit of manganese that were newly introduced, under section 30(1) of the Regulation.
  • The company's submission of the "Notification of Exceedance" triggered other reporting obligations under the Regulation, including the duty to prepare and submit an "Emission Summary and Dispersion Modelling Report", required within three months.  However, the company failed to comply with this requirement.
  • The ministry's Investigations and Enforcement Branch investigated and laid one charge which resulted in one conviction.

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