Page 24 [ FALL/WINTER 2017 ] The Source Ministry of the Environment and Climate Change - Court Bulletins Gold Mining Company fined $150,000 for Environmental Compliance Approval (ECA) Violations - November 20, 2017 12:45 P.M. Convicted - New Gold Inc. Location - Rainey River, ON Description of Offence - The convictions relate to failing to comply with conditions of an Environmental Compliance Approval (ECA) issued by the ministry. Date of Offence - During the period beginning on or about July 26, 2016 and ending on or about August 2, 2016. Date of Conviction - November 9, 2017 Penalty Imposed - New Gold Inc. was convicted of two offences under the Environmental Protection Act, and fined $150,000 plus $37,500 victim fine surcharge (VFS) with 3 months to pay. Background • New Gold Inc. (New Gold) is a gold mining company with operations in several countries and headquartered in Toronto. • At the time of the offences, New Gold was constructing a gold mine referred to as the Rainy River Project in Rainy River, Ontario. • In May 2015 the ministry issued an ECA for the construction of a sewage works at the project site. • The ECA stipulates acceptable discharge testing levels for daily concentration of un-ionized ammonia from in-pit sumps. A condition of the ECA also stipulates that non-compliance of the maximum daily limit is deemed to occur when any single grab sample analyzed exceeds the corresponding prescribed daily concentration limit. The ECA also requires that any exceedances be reported to the ministry orally as soon as reasonably possible, and in writing within seven days. • On July 22, 2016, New Gold staff collected pre-discharge samples from In-Pit Sump 3. On July 26, 2016, an independent lab provided a draft analysis indicating that the concentration of un-ionized ammonia exceeded the daily maximum discharge limit. However, on July 26, 2016, New Gold discharged the sump continuously until July 29, 2016, releasing approximately 19 million litres of effluent. The exceedance was confirmed by a lab report on July 29, 2016. • On July 20, 2016, New Gold took a sample of discharge from In-Pit Sump 4. On July 22, 2016, an independent lab provided a draft analysis indicating that the concentration of un-ionized ammonia exceeded the daily maximum discharge limit. On July 26, 2016, New Gold received the lab’s final report confirming the exceedance, but failed to orally notify the ministry until eight days later on August 3, 2016. • The incidents were referred to the ministry’s Investigations and Enforcement branch resulting in charges laid and eventually two convictions. Drinking Water System Owner fined $2,000 For Submitting False Information to the Ministry - October 31, 2017 4:00 P.M. Convicted - Carl Douglas Dressel Location - St. Catharines Description of Offence - The conviction relates to submitting false/misleading information to ministry staff. Date of Offence - On or about January 5, 2016 Date of Conviction - October 27, 2017 Penalty Imposed - Carl Douglas Dressel was convicted of one offence under the Safe Drinking Water Act (SDWA), was fined $2,000 plus a victim fine surcharge (VFS) of $500 and was given 30 days to pay the fine. Background • Mr. Dressel is the owner of a Non- Municipal Year-Round Residential drinking water system at a property on Bessey Road in Port Colborne (the site), which services a mobile home park and provides drinking water to between five and ten trailers. • On October 27, 2015, ministry staff conducted an inspection to assess compliance with legislation for the period October 1, 2014 through September 30, 2015, and identified several non- compliance issues. • On November 13, 2015, a ministry Order was issued, which required the Dressel’s to fix the problems identified in the inspection. • One of the Order items required Mr. Dressel to submit a written report to the ministry, stating the name of the Certified Operator who would be making adjustments to the treatment equipment and conducting tests in the future, as required by the Regulation. • On January 5, 2016, Mr. Dressel sent the ministry an email in response to the Order and provided the name of the Certified Operator and the company that the Certified Operator was working for. • On March 30, 2016, ministry staff followed up with the Certified Operator via email, and was advised that neither the company nor the Operator had been retained. Therefore, it was determined that Mr. Dressel had submitted false written information to the ministry. • The incident was referred to the ministry’s Investigations and Enforcement branch, resulting in charges and the conviction. Leamington Farm fined $5,000 for Ontario Water Resources Act (OWRA) Violations - October 31, 2017. Convicted - Albuna Farms Location - Windsor Description of Offence - The conviction relates to drawing greater than 50,000 litres of water on any day, without a Permit to Take Water (PTTW).