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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Waterloo County dairy farm pleads guilty to spreading non-agricultural liquid waste on frozen ground

J.P. FARMS INC. FINED $6,500 FOR SPREADING AGRICULTURAL MATERIAL CONTRARY TO APPROVAL

WATERLOO – On August 23, 2010, J.P. Farms Inc. pleaded guilty to one violation under the Nutrient Management Act for spreading source material on frozen ground. The company also pled guilty to one violation under the Environmental Protection Act for spreading source material contrary to a condition of its Certificate of Approval.

The Court heard that the company operates a dairy farm in Waterloo. The company also collects waste, mostly liquid, from various clients throughout southern Ontario. At the time of these incidents the company held a number of Certificates of Approval. The approvals are site specific and permit the spreading on land of non-agricultural source material, subject to compliance with terms and conditions.

On February 23, 2009, responding to a complaint, ministry staff conducted an inspection. It was determined that the company had spread non-agricultural source material on frozen ground, which at the time, was not an approved site. On November 16, 2009, an organic soil conditioning site approval was issued to the company that permitted the application of non-agricultural source material on land. The approval included a number of conditions with respect to separation distances. On December 1, 2009, ministry staff conducted an inspection at this site as well and determined that non-agricultural source material had been spread less than 100 meters to an off-site residence, contrary to its approval.

The company was charged following an investigation by the ministry’s Investigations and Enforcement Branch.

The company was fined $6,500 plus a victim fine surcharge of 25%. The company was given one year to pay the fine.

A provisional Certificate of Approval issued to J.P. Farms Inc. on January 11, 2010 can be viewed at: PROVISIONAL CERTIFICATE OF APPROVAL WASTE DISPOSAL SITE.