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Welland Canal Terminal Operator fined $50,000 for Environmental Protection Act Violation

Court Bulletin

Welland Canal Terminal Operator fined $50,000 for Environmental Protection Act Violation

Convicted - Port Weller Marine Terminal Inc.

Court Location - St. Catharines Court

Description of Offence - The conviction relates to the discharge of cement dust that migrated off-site affecting local residential properties. 

Date of Offence - On or about July 28, 2016 and ending on or about August 3, 2016

Date of Conviction - June 4, 2020

Penalty Imposed - Port Weller Marine Terminal Inc. was convicted of one violation under the Environmental Protection Act and was fined $50,000 plus a victim surcharge of $12,500 and was given six months to pay the fine. 

Background:

  • Port Weller Marine Terminal Inc. is in Port Colborne and operates a terminal on the Welland Canal which is part of the St. Lawrence Seaway. At the time of the violation, the company was under contract to unload vessels carrying cement clinker, which had been imported by a Port Weller Marine client. 
  • Clinker is a component of cement and is used in cement manufacturing and can become caustic when wet, potentially causing burns to eyes and skin. 
  • The St. Lawrence Seaway Management Corporation (SLSMC) is the agent of the federal Crown charged with administering the St. Lawrence Seaway. The terminal is also located on lands owned by the federal Crown. 
  • On July 28, 2016, the ministry was notified that clinker dust had migrated off the terminal site and an investigation indicated that despite Port Weller Marine's efforts to contain the dust, a quantity was carried off-site and fell onto residential properties in the area. The company was unaware of the discharge at the time.  
  • An investigation resulted in charges being laid, which resulted in one conviction. 

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