From the Environmental Registry: Updating the Schedule of Noxious Weeds in Ontario

Regulation Proposal Notice: Updating the Schedule of Noxious Weeds in R.R.O. 1990, Regulation 1096 - General made under the Weed Control Act, R.S.O. 1990, c. W-5.

Description of Regulation:

The Weed Control Act and Regulation 1096 prohibit listed noxious weeds from being grown where they have the potential to negatively affect agricultural land. The list in the regulation’s Schedule of Noxious Weeds is outdated. Proposed revisions include the removal of nine weeds that are no longer considered to be significant threats to agriculture or horticulture in Ontario and the addition of nine new weeds that are considered emerging threats to the agriculture industry within Ontario.

Purpose of Regulation:

The Schedule of Noxious Weeds in Regulation 1096 includes nine weed species that are no longer considered to be significant threats to agriculture or horticulture in Ontario. Designating some of these plant species as noxious weeds may be in conflict with conservation initiatives, most notably the restoration and conservation of habitat to support pollinator health. The nine plant species can be managed through modern management practices upon farmed land.

It is proposed that the following species currently listed in the Schedule of Noxious Weeds under R.R.O. 1990, Regulation 1096 be removed:

1. Colt’s-foot (Tussilago farfara L.)
2. Dodder spp. (Cuscuta spp.)
3. Johnson grass (Sorghum halepense (L.) Persoon)
4. Black-seeded proso millet (Panicum miliaceum L. (black-seeded biotype))
5. Yellow rocket (Barbarea spp.)
6. Cypress spurge (Euphorbia cyparissias L.)
7. Leafy spurge (Euphorbia esula L. (complex))
8. Russian thistle (Salsola pestifer Aven Nelson)
9. Tuberous vetchling (Lathyrus tuberosus L.)

Removing some of the above weed species from the Schedule of Noxious Weeds would demonstrate support for sustaining biodiversity in Ontario. Some species, such as Colt’s-foot and yellow rocket, are also known to attract pollinating insects, such as bees.

The Schedule of Noxious Weeds in Regulation 1096 has not been subject to a comprehensive update for many years. Nine weed species have been identified that are considered to be emerging threats to the agriculture industry in Ontario. Some of the species recommended for addition have previously caused large losses in crop revenues in other jurisdictions (e.g., kudzu) and are of growing concern to Ontario farmers.

It is proposed that the following weed species are added to the Schedule of Noxious Weeds:

1. Smooth bedstraw (Gallium mollugo (L.))
2. Wild chervil (Anthriscus sylvestris)
3. Common crupina (Crupina vulgaris Cass.)
4. Jointed goatgrass (Aegilops cylindrical Host)
5. Kudzu (Pueraria lobata)
6. Wild parsnip (Pastinaca sativa)
7. Serrated tussock (Nassella trichotoma)
8. Tansy ragwort (Senecio jacobeae)
9. Wolly cup grass (Eriochloa villosa (Thunb.) Kunth)
These proposed changes would support initiatives related to invasive alien species control, biodiversity, and the environment.

Public Consultation:

This proposal has been posted for a 33 day public review and comment period starting September 26, 2014. If you have any questions, or would like to submit your comments, please do so by October 29, 2014 to the individual listed under "Contact". Additionally, you may submit your comments on-line.
All comments received prior to October 29, 2014 will be considered as part of the decision-making process by the Ministry of Agriculture, Food and Rural Affairs if they are submitted in writing or electronically using the form provided in this notice and reference EBR Registry number 012-2634.
Please Note: All comments and submissions received will become part of the public record. You will not receive a formal response to your comment, however, relevant comments received as part of the public participation process for this proposal will be considered by the decision maker for this proposal.

Contact:

All comments on this proposal must be directed to:

Mike Cowbrough
Weed Management Field Crops Program Lead
Ministry of Agriculture, Food and Rural Affairs
Economic Development Division
Agriculture Development Branch
Field Crops - University of Guelph Office
50 Stone Road East
Crop Science Building, University of Guelph
Guelph Ontario
N1G 2W1
Phone: (519) 824-4120 Ext. 52580

Ontario MOE: Company fined $50,000 for manure discharge

From the MOE Court Bulletin:

Warwick Company Fined $50,000 for Discharging Manure into Woods Creek

Sarnia – A Warwick company was fined $50,000 for discharging a mixture of cow manure and leachate into Woods Creek that could have impaired the creek’s water quality, contrary to the Ontario Water Resources Act.

“Polluters should be aware that the ministry’s Investigations and Enforcement Branch will vigorously pursue charges when our environmental laws are broken”, Environment Minister Jim Bradley.

Eusi Farms Ltd. operates a beef feed lot located on Rawlings Road in the Municipality of Lambton Shores where approximately 3,000 cattle are housed. Manure is stored on site until applied as a nutrient to 14 other Eusi farms.

On November 19, 2011, a resident of Lambton Shores reported to the ministry that Woods Creek was black and smelled like manure. The caller also reported seeing dead fish, crayfish and several frogs in the creek. The Municipality of Lambton Shores staff attended the site and reported a strong odour, discoloured water and dead fish.

An inspection conducted by ministry staff revealed the source of the contamination in the creek was a leaking manure pit located at the Eusi Farms about seven kilometres upstream of Lake Huron.

Ministry staff remained at the site until the leak was fixed and clean-up work completed. .

Eusi Farms Ltd. was fined $50,000 plus a victim fine surcharge of $12,500 and was given 60 days to pay the fine.

Ontario MOE: Hog Farm Fined $4,000 for having no nutrient management strategy and plan

From the MOE Court Bulletin:

Hog Farm Fined $4,000 for Nutrient Management Violations

Cornwall – A hog farm was fined $4,000 for operating an agricultural farm without the required nutrient management strategy, contrary to the Nutrient Management Act.

“Charges and convictions remind us all that we need to take care not to damage the environment as we go about our business”, Environment Minister Jim Bradley.

6093744 Canada Inc. owns and operates a pork agricultural operation located on County Road 18 in the Township of South Dundas. In 2004, the company added two hog barns and a manure storage lagoon in addition to the two barns already on the property.

In October 2003, a letter was sent by a Ministry of Agriculture and Food engineer advising the company that its intention to build two additional barns to house about 5,000 feeder hogs on the farm would result in the farm being classified as generating over 300 nutrient units and therefore would be subject to the Nutrient Management Act on July 1, 2005. The letter further indicated that a plan had to be submitted at least two months prior to this date for approval.

In June 2012, in response to a complaint, a provincial officer of the ministry conducted an inspection at the company’s farm. During the inspection, the officer observed that the company had not applied for or received an approved Nutrient Management Strategy and Plan. A subsequent investigation determined that pork operation involved about 5,000 feeder hogs that would generate over 300 nutrient units annually and therefore an approved strategy and plan was required and was not obtained.

The company was fined $4,000 plus a victim fine surcharge of $1,000 and was given six months to pay the fine.

Dairy farm fined after renovating barn without renewing expired nutrient management strategy

From the Ministry of the Environment:

Dunnville Company Fined $5,000 for Violation of the Nutrient Management Strategy

Cayuga - A Dunnville company was fined $5,000 for constructing a building or structure to house farm animals or store nutrients without a nutrient management strategy having been prepared, contrary to the Nutrient Management Act.

"Environmental protection legislation protects communities and the environment. Breaking these rules can result in serious penalties and is an offence the ministry takes very seriously," said Environment Minister Jim Bradley.

Huigen Bros. Farms Ltd. operates a dairy farm in Dunnville in the County of Haldimand. Ministry staff notified the company that their original nutrient management strategy had expired and would need to be renewed. An inspection of the site revealed an existing barn was renovated to house dairy cattle without an approved nutrient management strategy in place.

The company was fined $5,000 plus a victim fine surcharge of $1,250 and given 60 days to pay the fine.

Company fined for manure discharge into municipal drain

From the Ministry of the Environment:

Shedden Company Fined $25,000 for Manure Discharge

St. Thomas - A Shedden company was fined $25,000 for discharging pig manure into the Kerstan Municipal Drain causing impairment to the quality of water.

"Polluters should be aware that the ministry's Investigations and Enforcement Branch will vigorously pursue charges when our environmental laws are broken," Environment Minister Jim Bradley.

G.H. Pennings Farms Inc. owns and operates a pig farm located in Southwold Township. The Ministry of Natural Resources received a call from a local resident regarding manure impacting a creek. The tip was relayed to the Ministry of the Environment and ministry inspectors attended the site. During the inspection, staff traced the source of the manure back to a holding lagoon located on the farm. The lab results of the water samples taken at the site showed impairment to water quality.

The company was fined $25,000 plus a victim fine surcharge of $6,250 and was given six months to pay the fine.

Chicken farmer fined over improper disposal of dead animals

From the Ministry of the Environment:

Thorold Resident Fined $7,000 For Improper Farming Practices

St. Catharines – A Thorold resident was fined $7,000 for failing to comply with a ministry order and for failing to properly dispose of dead farm animals.

“Environmental protection legislation protects communities and the environment. Breaking these rules can result in serious penalties and is an offence the ministry takes very seriously,” said Environment Minister Jim Bradley.

Tom Sarantakos operates a chicken farm located in Thorold. The chickens are raised for about eight to nine weeks and are then taken for slaughter.

The ministry received a number of complaints of manure runoff, foul odours, excessive insects and escaping chickens. Following a number of inspections by ministry staff, Mr. Sarantakos was issued a ministry order requiring him to take various measures to manage the manure on the farm. The final order required Mr. Sarantakos to provide proof of manure removal. Mr. Sarantakos failed to comply with the order.

Mr. Sarantakos lives at a second farm location. An inspection of this farming operation revealed numerous dead farm animals, namely chickens that appeared to have died well in excess of the 48 hour duration permitted, following the death of an animal for proper disposal.

Mr. Sarantakos was fined a total of $7,000 plus victim fine surcharges of $1,750 and given 90 days to pay the fine.

Ontario: Draft Guide - Soil Management - A Guide for Best Management Practices

The Ontario Ministry of the Environment (MOE) has released a draft best management practice guide concerning soil management for public review and comment until January 18, 2013.  The MOE explains on the entry in the Environmental Bill of Rights Registry:

Every day, in Ontario, large amounts of soil are being moved to support development activities. This excess soil is mainly generated by excavation during construction and redevelopment activities, and often cannot be reused at the site of generation. Excess soil must be managed in a safe and sustainable manner in order to maintain a healthy economy while protecting the environment.

The ministry encourages the reuse of excess soil, where appropriate, provided that the use does not have a potential to cause adverse effect on human health and the environment, or impairment of water quality, as described under the ministry’s Acts and Regulations. It is the responsibility of all parties who generate, haul or receive excess soil to ensure that it is being managed in an environmentally sound manner in accordance with all regulatory requirements. The ministry would like to clarify some best management practices when engaging in soil management activities.

The proposed guidance document “Soil Management – A Guide for Best Management Practices” is attached for your review and comment. This proposed Best Management Practices guide is intended to provide essential guidance on many aspects of soil management. Please provide comments on the proposed guidance document to support safe, sustainable soil movement and reuse. The ministry will evaluate all comments received to determine if future actions for soil management are required.

The proposed document would provide guidance for the management of excess soils generated from construction and redevelopment projects with a focus on those soils generated from brownfields redevelopment activities taken to commercial fill operations. While the guidance may be applicable to a wide variety of soil management projects, they are not intended to apply to small scale construction such as maintenance and repair activities or construction activities at single-dwelling residential properties based on the volumes generated.

The Soil Management - A Guide for Best Management Practices document only addresses the management of soil (soil as defined by Ontario Regulation 153/04 (O. Reg. 153/04)). The document provides guidance on how to handle excess soil from a source site where it is generated, through to the transportation of the excess soil to a site where the soil can be reused for a beneficial purpose, such as site alterations, re-grading, or filling in excavations, or to soil stockpiling sites for temporary storage. These activities must meet any relevant regulatory requirements and should ensure that there is no adverse effect.

This proposed guidance document would promote some of the best practices that are currently being exercised by those who actively manage excess soil across the province. The proposed guidance is intended to assist municipalities and conservation authorities in their oversight of fill operations through their existing permitting regimes. This proposed guidance will help to provide consistency across the province in expectations for excess soil management.
Soil Management – A Guide for Best Management Practices currently focuses on five key areas of interest:

• Soil reuse at civil construction and other commercial development activities;
• Soil generation at source sites, assessment and management;
• Soil acceptance at receiving sites, assessment and management;
• Procurement practices for the removal and management of excess soils;
• Temporary Soil Banking (soil stockpiling).

As part of the Best Management Practices document, the ministry is not intending to introduce new standards that apply to soil movement. The ministry does however anticipate supporting industry in the development of complementary industry code of practices, such as guidance for Qualified Persons for the development of appropriate soil standards for receiving sites.

The ministry encourages all comments and input into the proposed guidance document. The ministry is looking for particular input into what terms within the document require further definition and recommendations on how to define terms within the document, such as “large-scale”.

A copy of the draft guide is available at: For Consultation - Soil Management - A Guide for Best Management Practices. 

MOE seeking accreditation; public can call in to comment

Have concerns about the MOE Investigations and Enforcement Branch?

The Investigations and Enforcement Branch (IEB) of the Ontario Ministry of the Environment (MOE) is seeking an accreditation by the Commission on the Accreditation of Law Enforcement Agencies (CALEA).  CALEA is an international enforcement standards organization based in Virginia, USA that accredits agencies whose systems and directives meet internationally recognized standards for delivering service.

An assessment of the IEB's system and directives against these standards will be evaluated in an onsite assessement conducted between August 12 and August 15, 2012.  During the onsite assessment, assessors will provide an opportunity for the public to comment on the IEB's accreditation.  COMMENTS WILL BE RECEIVED IN A PUBLIC CALL-IN SESSION TO BE HELD ON AUGUST 13, 2012.  Members of the public and organizations can comment by calling 1-416-326-4426 between 2 p.m. and 4 p.m. on August 13.  Callers will be limited to 10 minutes and must address accreditation issues.

More information is available at: EBR Notice.

Privacy Commissioner deals with concerns about disclosure of contamination data

The Ontario Information and Privacy Commissioner has recently issued a decision upholding an earlier decision by the Ministry of the Environment (MOE) to release partial records related to an ongoing contamination situation in Cambridge, Ontario.  According to the decision, trichloroethylene (TCE) leaked from a facility into neighbouring properties, contaminated local groundwater and may have posed a health hazard due to the movement of contaminant vapours from the groundwater into the basements of nearby homes.

The MOE received a request for access to information about the contamination, including all test results and reports on remediation in the possession of the MOE.  A decision was made to disclose some of the documents and information requested, but without any homeowner names except where a release had been provided.  At least one homeowner challenged the decision, as did the company responsible for the contamination and clean-up. 

The Commissioner declined to prevent the disclosure of property information on the basis that it was personal information.  The argument was made that property identification information could be used to obtain the names of property owners and was, therefore, personal information.  The Commissioner disagreed:

I also wanted to address the appellant and affected person’s arguments that the individual homeowners would be identifiable from a disclosure of their addresses or other location information using publicly available resources. The fact that the names of individual owners could be determined by a search in the registry office or elsewhere does not convert the municipal address from information about a property to personal information. In Order PO-1847, former Adjudicator Katherine Laird noted that, in the context of a discussion about correspondence concerning possible land use, “…where records are about a property, and not about an identifiable individual, the records may be disclosed, with appropriate severances, notwithstanding the possibility that the owners of the property may be identifiable through searches in land registration records and/or municipal assessment rolls.”

The Commissioner also rejected the argument that disclosure of the information would result in undue financial loss for the homeowners involved:

I accept that the stigma of environmental contamination can result in the lowering of property values and may affect the ability of property owners to sell their properties in the free market. However, in this case, I find that the appellant has not provided me with detailed and convincing evidence that the disclosure of these records could reasonably result in undue loss to the homeowners. Firstly, as the ministry notes, the media has already reported of the contamination in the community. The records contain these newspaper reports. Secondly, from my review of the records, I find that there has already been some public disclosure of the test results to the homeowners and businesses in the community. And finally, I agree with the ministry’s representations that the information in the records including test results and remediation reports, provide a clearer picture of those properties that have been properly remediated to ministry standards. I am not persuaded that disclosure of these records would result in undue loss to the homeowners in the community.

Read the full decision at: Ontario (Environment) (Re).

$16,000 Fine for Keeping Cattle and Manure in Hay Storage Structure

Ontario Ministry of the Environment Press Release:

Thames Sales Yard Ltd And Thomas Vanrabaeys Fined $16,000 For Manure Management Violations

LONDON - On November 17, 2011, Thames Sales Yard Ltd. was convicted of two violations under the Nutrient Management Act for keeping cattle and manure in a structure constructed for hay storage and failing to comply with a Provincial Officer’s Order.

The Court heard that the company raises and sells beef cattle at a facility located in Thamesville.  Mr. Vanrabaeys is the controlling authority of the company. In 2009, the company was issued a building permit by the Municipality of Chatham-Kent for hay storage. A public complaint of cattle being housed in the new structure initiated an inspection of the company’s facilities by the ministry. A Provincial Officer’s Order was issued by the ministry to the company and Mr. Vanrabaeys regarding run-off management at two locations and the disposition of a well at a third location. The order was issued to ensure that qualified persons address the issues of run-off management from manure and food storage facilities and the repair of a well to protect the environment and the quality of the surface and ground water. The company failed to comply by the required dates, and the required reports were not submitted to the ministry.

The company and Mr. Vanrabaeys were charged following an investigation by the ministry’s Investigations and Enforcement Branch.  The company was fined a total of $16,000 plus victim fine surcharges. It was given 45 days to pay the fines.

MOE moving more industries into Environmental Activity and Sector Registry

From the Environmental Bill of Rights Registry:

The Ministry of the Environment has recently implemented an Environmental Activity and Sector Registry (EASR) that allows businesses to register certain activities with the Ministry (rather than seeking an Environmental Compliance Approval, formerly known as a Certificate of Approval). The EASR is a public, web-based system where people engaging in selected activities will be required to register the activity and to meet eligibility and operating requirements set out in regulation, rather than seeking an approval through the normal application submission and review process. These requirements could be comprised of, but not limited to, design requirements, pollution control measures and best management practices. The Ministry will enforce compliance with the EASR regulation according to our compliance strategy, as it does for all its approvals today.

To date, activities relating to the following have been added to the registry: automotive refinishing (autobody shop spray booths), comfort heating systems and stand-by power systems. Registry requirements for these activities/sectors are described in Ontario Regulation 245/11 under the Environmental Protection Act.

As part of the Ministry’s ongoing work to implement a new environmental approvals program, additional activities and sectors are being evaluated for their potential inclusion on the EASR. This work involves comprehensive technical analysis and two periods of public consultation to ensure registry activities are developed in a transparent and science-based manner and that the resulting registry rules are protective of the environment.

To encourage localized generation from smaller, cleaner sources of electricity and community-based renewable energy facilities, the Ministry is proposing to allow specific small scale renewable energy projects to register on the EASR. The proposed EASR eligibility criteria for small scale renewable energy facilities are designed to eliminate potential impacts to the environment through facility design and siting restrictions.

Process for Developing Registry Regulations

When developing a regulation to include a new activity/sector on the EASR, the Ministry undertakes a comprehensive technical analysis and consultation process. This process contains the following steps:

1. Detailed scoping and technical assessment of activity/sector
   
   • Engineering analysis
   • Risk evaluation and modelling
   • Jurisdictional review
   • Evaluation of local concerns/complaints and past administrative non-compliance with requirement to obtain an approval
2. Development of draft registry requirements
   
3. Public consultation on a technical report describing draft requirements (the reports included in this posting)
   
4. Development of a draft regulation
   
5. Public consultation on a draft regulation
   
6. Finalizing of regulation and implementation

It is important to note that, while Steps 3 and 5 specifically provide for broad public input through comment on postings on the Environmental and Regulatory Registries, the Ministry is also engaging at various levels with relevant interested groups (industry, associations, Aboriginal organizations/communities and technical specialists).

The following technical reports summarize the proposed rationale for moving specific activities and sectors from the Renewable Energy Approvals (REA) process to the registration process.

1. Technical Report on Proposed Environmental Activity and Sector Registry (EASR) Requirements: Small Ground-Mounted Solar
2. Technical Report on Proposed Environmental Activity and Sector Registry (EASR) Requirements: On-Farm Anaerobic Digestion
3. Technical Report on Proposed Environmental Activity and Sector Registry (EASR) Requirements: Landfill Gas Electricity Generation

This proposal has been posted for a 45 day public review and comment period starting April 02, 2012. Comments or questions can be submitted by May 17, 2012 to:

Chris Goode
Senior Advisor
Ministry of the Environment
Environmental Programs Division
Modernization of Approvals Project
135 St. Clair Avenue West
Floor 4
Toronto Ontario  M4V 1P5
Phone: (416) 325-7893

Comments can be submitted on-line at: Comments.

All comments received prior to May 17, 2012 will be considered as part of the decision-making process by the Ministry of the Environment if they are submitted in writing or electronically using the form provided in this notice and reference EBR Registry number 011-5695.

MOE seeking comment on new "Guide to Applying for an Environmental Compliance Approval"

The Ontario Ministry of the Environment is seeking public comments on a draft "Guide to Applying for an Environmental Compliance Approval", designed to assist an applicant in completing the application form for the approval.  The Environmental Compliance Approval (ECA) replaces what was formerly known as a "Certificate of Approval" (CoA).  Applicants for approval can now apply for an ECA for multiple activities and projects in multiple media under a single ECA application. 

The draft Guide can be reviewed at: Draft ECA Application Guide.  Public comments on the draft guide are being accepted until April 10, 2012.  Comments are to be directed to:

Nihar Bhatt
Senior Engineer
Ministry of the Environment
Environmental Programs Division
Modernization of Approvals Project
135 St. Clair Avenue West
Floor 4
Toronto Ontario
M4V 1P5
Phone: (416) 325-7560
Fax: (416) 325-7962

Comments can also be submitted on-line using the form at the following link: Comments.

MOE looks at extending Environmental Activity and Sector Registry to additional industries

The Ontario Ministry of the Environment has recently implemented an Environmental Activity and Sector Registry (EASR) that allows businesses to register certain activities with the Ministry. The EASR is a public, web-based system where people engaging in selected activities will be required to register the activity and to meet eligibility and operating requirements set out in regulation rather than seeking an approval through the normal application submission and review process (formerly known as Certificates of Approval - now known as Environmental Compliance Approvals). These requirements could be comprised of, but not limited to, design requirements, pollution control measures and best management practices. The Ministry will enforce compliance with the EASR regulation according to its compliance strategy.

To date, activities relating to the following have been added to the registry: automotive refinishing (autobody shop spray booths), heating systems and stand-by power systems. Registry requirements for these activities/sectors are described in O. Reg. 245/11 (under the Environmental Protection Act).   The following additional industries are being reviewed for possible inclusion in the EASR program:

• Waste collection and transportation;
• Ready-mix concrete manufacturing;
• Lithographic, Screen and Digital Printing;
• Concrete Product Manufacturing.

The proposal to expand the EASR program has been posted on the Environmental Bill of Rights Registry for public comment starting January 11, 2012.  Comments are being received until February 25, 2012 and must be submitted to:

Gregory Zimmer
Senior Program Advisor
Ministry of the Environment
Environmental Programs Division
Modernization of Approvals Project
135 St. Clair Avenue West
Floor 4
Toronto Ontario
M4V 1P5
Phone: (416) 325-7893

It is also possible to submit comments on-line at: Comments.

Ministry of the Environment News Release: $52,500 fine for constructing wells without licence

Lloyd Trodden Fined $52,500 For Constructing Wells Without A License

BRACEBRIDGE – On July 19, 2011, Lloyd Trodden pleaded guilty to seven violations under the Ontario Water Resources Act in relation to the construction of wells without a well contractor license.  In February 2009, the ministry received a complaint from a well owner that a newly constructed well was contaminated with gasoline. An inspection by ministry officials confirmed that the drinking water well was contaminated with a petroleum product. The inspection process revealed that Mr. Trodden constructed the well and that he did not possess a valid well contractor license to construct wells in Ontario.  Following an investigation, a number of additional wells were discovered that had been constructed by Mr. Trodden.  A ministry record search indicated that Mr. Trodden did not have a valid Well Contractor Licence when the wells were being constructed.

Mr. Trodden was charged following an investigation by the ministry’s Investigations and Enforcement Branch.  He was fined a total of $52,500 plus victim fine surcharges and given one year to pay the fine.

Ministry of the Environment News Release: $4,000 fine for selling pesticides without licence

Justin Vanderheide Fined $4,000 For Selling Pesticides Without A Licence

CAYUGA – On July 8, 2011, Justin VanDerheide was convicted on three violations under the Pesticides Act for offering the sale of a pesticide and selling a pesticide without a vendor’s licence.  The Court heard that Mr. VanDerheide resides in Dunnville, Haldimand County.  In November 2010, the ministry found an advertisement in a trade publication newspaper, dated offering Weed-Master 41 and Wiseup glyph sate for sale. Similar advertisements were also found on an advertising website.  The advertisements in the newspaper and on the website were later determined to belong to Mr. VanDerheide. Weed-Master 41 is a pesticide that requires a licence to sell.  A search of ministry records determined that Mr. VanDerheide did not possess a vendor’s licence.

Mr. VanDerheide was charged following an investigation by the ministry’s Investigations and Enforcement Branch.  He was fined 4,000 plus a victim fine surcharges and was given 15 days to pay the fine.

Ministry of the Environment: $48,000 fine levied for manure discharge

Bernardus Johannes Joseph Debeer Fined $48,000 For Manure Discharge

THUNDER BAY– On August 8, 2011, Bernardus Johannes Joseph DeBeer pleaded guilty to one violation under the Ontario Water Resources Act for a discharge of corn silage and manure into the Curry Municipal Drain and Reynolds Creek.

The Court heard that Mr. DeBeer is the president of a dairy and veal farm in the Municipality of South-West Oxford, Ontario.  In 2009, the ministry received a report of dead fish in Reynolds Creek.  The ministry conducted sampling on the farm and observed that run-off from the corn silage was entering catch basins. Mr. DeBeer confirmed that he had been receiving corn silage for more than a week and also confirmed that the catch basins were connected to the Curry municipal drain which flowed into Reynolds Creek.

Mr. DeBeer was charged following an investigation by the ministry’s Investigations and Enforcement Branch.  He was fined $48,000 plus a victim fine surcharge and was given six months to pay the fine.

Ministry of the Environment News Release: Abandoned Well Violation

Amethyst Well Drilling Ltd. Fined $2,500 Plus A Court Order For Restitution Of $6,619 For An Abandoned Well Violation

THUNDER BAY– On July 29, 2011, Amethyst Well Drilling Ltd. pleaded guilty to one violation under the Ontario Water Resources Act for failing to ensure that when abandoning a well, the well, including any annular space, is plugged to prevent any movement of water.

The Court heard that the company constructs potable water wells. The property owner of a residence in the Township of Neebing hired the company to construct a well on the property. In 2009, the property owner contacted the ministry with a complaint regarding the construction of his well since the water was not clear and remained cloudy in appearance.  It was discovered that in January 2008, the owner of the company had attended the site and discovered the casing was not in the bedrock.  In May 2008, he returned to try to repair the well, but the well had collapsed.  The well was not sealed from the bottom as required.  A new well was drilled nearby on the north side of the owner’s driveway.  The second well was drilled in October 2008 and in the process of developing the well, the water pumped remained very turbid, and a sink-hole appeared where the first well had been drilled.

The company was charged following an investigation by the ministry’s Investigations and Enforcement Branch.  The company was fined $2,500 plus a victim fine surcharge and was given 12 months to pay the fine. A court order was also issued ordering the company to pay restitution in the amount of $6,619 by September 30, 2011, for reasonable expenses incurred by the property owner, due to the damage to his property.

Ministry of the Environment News Release: Fine for advertising pesticides for sale without licence

Joseph Domotor Fined $2,000 For Advertising Pesticides For Sale Without A Licence

BRANTFORD – On June 28, 2011, Joseph Domotor pleaded guilty to one violation under the Pesticides Act for the placement of an advertisement offering the sale of pesticides without a vendor license.

The Court heard that Mr. Domotor operates a used car business in Brant, Ontario.  In July 2010, ministry staff placed a call to the telephone number listed in an advertisement on a website, offering the sale of pesticides. Mr. Domotor confirmed that he had pesticides for sale.  Some of the pesticides offered for sale were prohibited from being used in Ontario. In August 2010, ministry staff visited the business site and observed pesticides on site, including bottles of Wilson Total Wipeout Weed & Grass Killer concentrate – products no longer available for purchase in Ontario. 

Mr. Domotor was charged following an investigation by the ministry’s Investigations and Enforcement Branch.  He was fined $2,000 plus a victim fine surcharge and given six months to pay the fine.

Ministry of Environment News Release: Fines for gasoline spill

901659 Ontario Inc. O/A Dicola Petroleum, James Orr, Kathryn Gibson And Daniel Wilson Fined A Total Of $38,000 For Gasoline Spill

KINGSTON / BROCKVILLE – In June 2011, Daniel Wilson pleaded guilty to one violation under the Environmental Protection Act for failing to comply with a Provincial Officer Order by failing to submit a report in relation to the Kingston charge. In a related matter, in March 2011, 901659 Ontario Inc. o/a Dicola Petroleum, James Orr and Kathryn Gibson pleaded guilty to one violation each under the Environmental Protection Act for having control of a pollutant that spilled and failing to forthwith notify the ministry.

The Court heard that Dicola Petroleum is located in the Town of Perth and is a provider of petroleum products. Ms. Gibson is the president of the company and Mr. Orr is a truck driver for the company. Mr. Wilson is a co-owner of Franklin’s Marina located near Elgin. In May 2005, a gasoline spill occurred at the Marina while fuel was being delivered by the company, as a result of an overfill.  Gasoline discharged onto the ground and ran into a drainage ditch.  The spill was not reported to the ministry until 2008 by an engineering firm who was conducting a site assessment at the marina. Mr. Wilson disclosed that the spill had occurred on the property back in 2005. As a result, a Provincial Officer Order was issued, requiring a report to be prepared by a qualified consultant to describe the contamination and the proposed work needed to fully remediate it.

Following the laying of charges by the ministry’s Investigations and Enforcement Branch, the company was fined a total of $35,000. Mr. Wilson was fined $3,000 and Mr. Orr and Ms. Gibson were given suspended sentences.  The fines totaled $38,000 plus victim fine surcharges and they were given six months to pay.

Hanna challenge to Ontario setbacks for wind turbines dismissed by Divisional Court

In a decision released late last week, the Ontario Divisional Court has rejected a challenge by Ian Hanna of the Ministry of the Environment's minimum setbacks for wind energy projects.  The application for judicial review challenged the promulgation of sections 35, 53, 54 and 55 of O. Reg. 359/09 made under Part V.0.1 of the Environmental Protection Act (“the EPA”). The title of the regulation is the “Renewable Energy Approvals Regulation.” The affected sections in the regulation prescribe minimum setback requirements for wind energy facilities and require that they conform to the Ministry of the Environment’s published “Noise Guidelines for Wind Farms.” The regulation came into effect on October 1, 2009, following a period of public consultation ending July 24, 2009.

Section 11 of the Environmental Bill of Rights, S.O 1993, c. 28 (the “EBR”) requires the Minister of the Environment to “take every reasonable step to ensure that the ministry statement of environmental values (the “SEV”) is considered whenever decisions that might significantly affect the environment are made in the ministry.”  Hanna submitted that s. 11 of the EBR establishes a condition precedent for the decision by the minister to recommend promulgation of the regulation, and a breach of that condition renders his decision, and the regulation, ultra vires (or outside the authority of the minister).  In particular, the ministry’s statement of environmental values sets out principles the ministry will apply in developing Acts, regulations and policies. One of those principles is that “the ministry uses a precautionary science-based approach in its decision making to protect human health and the environment.”  Hanna contended that the minister failed to consider that “precautionary principle.”

In the end, the three-member panel of the Divisional Court found that the minister did comply with the process mandated by the EBR when he prescribed a setback requirement of 550 metres:

There was a full public consultation and a consideration of the views of interested parties. The ministerial review included science-based evidence, such as reports of the World Health Organization and the opinions of acoustical engineering experts. Cognizant of the possible health concerns the minister decided the minimum 550 metre setback was adequate. He made that decision knowing the adequacy of the minimum setback could be challenged in any particular case before a specialized tribunal.  In the context of the broad policy issues at play, the alternative protections provided by the Environmental Review Tribunal and the absence of clear evidence the 550 metre setback requirement is necessarily insufficient we find that the minister did comply with the requirement in s. 11 of the EBR, notwithstanding the “precautionary principle” in the statement of environmental values. The precautionary principle does not preclude the decision that was taken by the minister.

Read the decision at: Hanna v. AGO.