The court heard that Scotland Agromart Ltd. is a farm supply retail business located in Scotland, Ontario. On April 25, 2009 the company was delivering a pesticide to Summerville Custom Spraying Limited located in Otterville, Ontario. While unloading the truck, the driver noticed the tote carrying the pesticide had broken off and the pesticide had spilled onto the ground. Staff from both companies worked together to contain and clean the spill area. Representatives from both companies failed to inform the ministry of the spill.
The companies were charged following an investigation by the ministry’s Investigations and Enforcement Branch. Scotland Agromart Ltd. was fined $75,000 plus a victim fine surcharge for having control of a pollutant that was spilled and failed to forthwith notify the ministry of the spill. It was given one year to pay the fine. On October 27, 2010, Summerville Custom Spraying Limited was fined $25,000 plus a victim fine surcharge for the same offense and was given one year to pay the fine from the conviction date.
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