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Titus Ijsseldijk Fined $40,000 for Ontario Water Resources Act Violation

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Titus Ijsseldijk Fined $40,000 for Ontario Water Resources Act Violation

Convicted - Titus Ijsseldijk

Court Location - St. Thomas Court

Description of Offence -  The conviction relates to discharging or causing or permitting the discharge of a material, namely manure, into a watercourse, namely the West Shively Drain, which may impair the quality of the water.

Date of Offence -  During the period on or about March 19, 2018 and ending on or about March 19, 2018.

Date of Conviction - October 28, 2019

Penalty Imposed - On October 28, 2019, Titus Ijsseldijk was convicted on one violation under the Ontario Water Resources Act and was fined $40,000 plus a victim surcharge of $10,000 and was given 90 days to pay the fine. 

Background:

  • Ijsseldijk Dairy is owned/operated by brothers Titus ("Tino") and Petrus Paulis Maria ("Paul") Ijsseldijk and is located in the County of Elgin.  
  • In the summer of 2017, Ijsseldijk Dairy constructed a new earthen storage lagoon for liquid manure at the property.  Under legislation, lagoons are required to meet specific requirements for design, construction and usage and be supervised by a professional engineer.
  • In March 2018, the ministry received an anonymous call that manure was entering Catfish Creek near the town of Aylmer. Ministry staff responded to the area and took water discharge samples.
  • Surface water testing at the discharge from the tile to the drain found levels of e. coli that exceeded the ministry's provincial water quality objectives, thus confirming impact to the quality of the water.
  • The discharge was traced to a recently constructed earthen manure lagoon at the Ijsseldijk farm.  Subsequent excavation uncovered six drainage tiles that were connected to the earthen lagoon, in contravention of design and usage requirements.
  • Evidence indicated that the defendants had failed to obtain the services of a qualified engineer and to have the lagoon properly designed, sited and constructed.
  • A ministry investigation resulted

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