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Mobile Home Business and Owner fined $14,000 for Ontario Water Resources Act Violations

Court Bulletin

Mobile Home Business and Owner fined $14,000 for Ontario Water Resources Act Violations

Convicted - Mishar Holdings Inc. and Isaac Berman

Location - Brockville

Description of Offence - The convictions relate to failingto complywithanorder,byfailingto complete the installation of a piezometertomonitorgroundwaterlevels, and for contravening the ministry approval, by failing to submit an annual performance report.

Date of Offence - During the period beginning on or about January 13, 2017 and ending on or about February 21, 2018.

Date of Conviction - September 25, 2019

Penalty Imposed - Mishar Holdings Inc. and Isaac Berman were jointly convicted on two violations and were sentenced to a total fine of $14,000 under the Ontario Water Resources Act, plus a victim fine surcharge of $3,500 with 12 months to pay. As part of sentencing, the company and Mr. Berman were issued a Section 112 Court order under the Act and are ordered to meet the requirements of the Director's order.

Background:

  • Mishar Holdings Inc. operates from a location in the Village of Lyn. Isaac Berman is the sole director and officer of the company.
  • In October 2008, the company purchased property on Main Street W, which operates as the Lyn Valley Trailer Court, a year-round mobile home park in the Village of Lyn, Township of Elizabethtown-Kitley, consisting of 20 mobile home units and a house, which operates under a ministry approval for the sewage works.
  • In November 2015, ministry staff conducted a sewage works inspection on-site and subsequently issued a ministry order that required various actions relating to the site's sewage disposal system. A subsequent review by the ministry resulted in a Director's Order issued in April 2016.
  • A Notice of Appeal was filed with the Environmental Review Tribunal, and was later withdrawn. On withdrawal, the Tribunal was notified by the company that all parties had reached a settlement. The tribunal appeal was then dismissed.
  • On January 13, 2017, the company was advised that an additional Piezometer was required to be installed on-site in order to ascertain groundwater quality and comply with the Director's Order. The company however, failed to comply and at the time of the conviction, remained in non-compliance.
  • In May 2017, the ministry requested the company's sewage system performance report as per the company's ministry approval. The company failed to comply.
  • The incidents were investigated by the ministry's Investigations and Enforcement Branch resulting in charges being laid and the convictions in court. 

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