MOE Court Bulletin: Brantford Biosolids Management Company fined $105,000 for Ontario Water Resources Act Violations

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Ministry of the Environment and Climate Change

Brantford Biosolids Management Company fined $105,000 for Ontario Water Resources Act Violations

April 2, 2015 9:00 A.M.

Simcoe - Biosolids management company Wessuc Inc. (Wessuc) was fined $105,000 for discharging sewage biosolids into a watercourse that may impair the quality of the water, contrary to the Ontario Water Resources Act (OWRA).

Wessuc is located in Brantford and operates throughout southern Ontario. The company is primarily involved with the land application of municipal biosolids.

On October 11, 2011, a Non-Agricultural Source Materials (NASM) Plan was approved by the Ministry of Agriculture and Food (OMAF), for the land application of sewage biosolids to a Simcoe farm property on Concession 12. On April 27, 2012, the MOECC received notification from Wessuc that the sewage biosolid application would occur at the site, in accordance with the NASM Plan, between April 28 and May 5, 2012.

On April 30, 2012 and on May 2, 2012, ministry staff conducted sewage biosolid field inspections. During the May 2, 2012 inspection, Ministry staff observed a discharge of a dark-coloured liquid from the field's drainage tile, which entered a stream heading south through a road culvert, and flowed downstream onto a property south of the roadway. An assessment of effluent samples determined that the application of liquid biosolids resulted in discharge of biosolids to an unnamed tributary of Black Creek which impaired the quality of water in the creek.

Wessuc responded to the incident and cleaned up the spilled material at the Simcoe farm property. A Provincial Officer's Order was issued by the ministry to Wessuc to prevent the reoccurance of a similar event during the application of sewage biosolids on tile drained fields in the future.

The company was fined $105,000 plus a victim fine surcharge of $26,250 and was given one year to pay the fine.

Members of the media: Kate Jordan Communications Branch (416) 314-6666 Contact information for the general public: 1-800-565-4923

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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.

Failure to comply with Nutrient Management Act results in fines

Cor Pannekoek Construction Ltd. And Cornelis Martinus Pannekoek Fined $43,500 For Liquid Manure Spill.

KITCHNER – On March 31, 2011, Cor Pannekoek Construction Ltd. pleaded guilty to one violation under the Ontario Water Resources Act and Cornelis Martinus Pannekoek pleaded guilty to one violation under the Nutrient Management Act for the improper construction of a liquid manure tank and subsequent spill from the tank which impacted a creek.

The Court heard that Mr. Pannekoek is the director of the company.  The company was hired to help with an expansion of Hogendoorn Dairy in the Regional Municipality of Waterloo.  This expansion included the construction of a new liquid manure tank and transfer lines between an existing liquid manure tank and a new liquid manure collection system.  The liquid nutrient transfer system was installed without ensuring a flexible watertight gasket or membrane between the wall of the storage tank to serve as an anti-seepage collar as required by Nutrient Management Act.  On February 22, 2009, during the first transfer and filling of the new liquid manure tank, approximately one million litres of liquid manure leaked from a connection at the new tank, ultimately entering an unnamed tributary of Bamberg Creek resulting in a significant fish kill.

Following the laying of charges on June 24, 2010 by the Ontario Ministry of the Environment's Investigations and Enforcement Branch, the company was convicted and fined $40,000 and Mr. Pannekoek was convicted and fined $3,500.  The fines totaled $43,500 plus victim fine surcharges (an additional 25%).  The company was given 12 months to pay the fines.