November 8, 2010
KENORA, ON – On October 14, 2010, Day & Ross Inc. pleaded guilty to one violation under the Environmental Protection Act for failing to remove spilled diesel fuel from an accident site.
The Court heard that on April 1, 2009, a tractor-trailer driven by an independent operator on behalf of the company left the roadway of Highway #17 in poor road conditions due to weather. The accident occurred approximately 30 kilometers east of Kenora. As a result, the fuel tanks ruptured and an estimated 170 litres of diesel fuel escaped into the south ditch adjacent to the highway. On April 2, 2009, the Ministry of Transportation reported the accident to the Ministry of the Environment, who attended the site. On April 3, 2009, ministry staff returned to the accident site with an environmental consulting firm retained by the company to assess and remediate the site. On April 8, 2009, a Provincial Officer Order was issued to the company ordering the it to remove the spilled diesel fuel from the accident site, handle the recovered fuel and other waste in accordance with provincial legislation and restore the site to its original condition by April 21, 2009. Due to environmental conditions, namely the presence of frost, the company did not comply with the order to clean up the spill until approximately 40 days after the date required by the order.
The company was fined following an investigation by the ministry’s Investigations and Enforcement Branch.
The company was fined $10,000 plus a victim fine surcharge and was given 90 days to pay the fine.