Page 26 [ FALL/WINTER 2017 ] The Source Concrete Manufacturer fined $25,000 for Failing to Control Concrete Waste - October 16, 2017 Convicted - Decast Ltd. Location - Barrie Description of Offence - The conviction relates to allowing high pH drainage to escape into waters and potentially impair the water, and failing to notify the ministry. Date of Offence - May 2, 2014 Date of Conviction - October 6, 2017 Penalty Imposed - Decast Ltd. was convicted of one offence under the Ontario Water Resources Act (OWRA), was fined $25,000 plus a victim fine surcharge (VFS) of $6,250 and was given 30 days to pay. Background •  Decast Ltd. (Decast) operates an industrial manufacturing facility on Simcoe Road 56 in Utopia, Township of Essa, County of Simcoe (the site). •  At the site, various types of concrete products are manufactured and are stored on an unpaved outdoor area. Some waste concrete is generated from the manufacturing operations. •  In February 2014, Decast had a contractor commence work to prepare an undeveloped area of land on the north- east site area, for product storage and vehicle access. Waste concrete was used in this application as engineered fill. Some of the drainage from the area that was backfilled with the waste concrete was collected by a number of subsurface tile drains that discharged into two parallel subsurface drains. •  These subsurface drains discharged into a municipal roadside ditch. The municipal roadside ditch discharges into a small, unnamed stream that is a permanent watercourse and a tributary of the Nottawasaga River. •  On May 2, 2014, ministry staff received a report that the stream area was an unusual yellow colour and was very silty. Ministry staff inspected the stream the same day and confirmed that the water in the stream appeared yellow and cloudy, with a heavy accumulation of a cream- coloured silt on the bottom of the stream. •  The material was visually traced upstream to the Decast site. •  The water was tested, and the sample revealed that the pH level was between 12.0 to 12.5, which is higher than the pH of typical drainage. The ministry’s maximum recommended value for pH in surface water of 8.5, as higher pH can have negative impacts to aquatic life. Plumbing Company Fined $2000 for Well Contracting Violation - October 16, 2017 2:30 P.M. Convicted - Plumbing Dunn Right Limited Location - Hamilton Description of Offence - The conviction relates to the completion of work on wells without the required licenses issued by the ministry. Date of Offence - on or about October 1, 2015 Date of Conviction - October 3, 2017 Penalty Imposed - Plumbing Dunn Right Limited was convicted of one offence under the Ontario Water Resources Act (OWRA), was fined $2,000 plus a victim fine surcharge of $500, and was given 30 days to pay. Background •  Plumbing Dunn Right Limited (Plumbing Dunn Right) operates in the area of Burlington, Hamilton, Milton and Oakville. Mr. Keith J. Dunn is the owner and sole director of Plumbing Dunn Right. •  In 2015 the ministry conducted regulatory audits into alleged unlicensed work on wells. •  It came to the attention of ministry staff that between the dates of July and November 2015, Plumbing Dunn Right had been engaging in well work without the requisite well contractor licence required by section 39 of the Ontario Water Resources Act (OWRA). •  A ministry investigation determined, and Mr. Dunn admitted that on October 1, 2015, Plumbing Dunn Right engaged in the business of constructing wells without a well contractor licence. Specifically, Mr. Dunn, on behalf of Plumbing Dunn Right Limited, installed a pump in a well at a property on Cumminsville Drive in Hamilton, without the requisite licence. •  Subsequently, the matter was referred to the ministry’s Investigations and Enforcement Branch. Following an investigation, the company was charged with 5 offences and Mr. Dunn was charged with 5 offences. •  This matter was heard in Hamilton court and was settled through a plea agreement on October 3, 2017. The company was convicted for one offence and fined $2,000 plus a victim fine surcharge of $500. Nine counts were withdrawn. Laboratory fined $15,000 for Failing to Report Adverse Drinking Water Results - October 16, 2017 Convicted - SGS Canada Inc. Location - London Description of Offence - The conviction relates to a laboratory failing to immediately report a prescribed adverse result of a drinking water test to the ministry and the medical officer of health. Date of Offence - August 6, 2015 Date of Conviction - October 3, 2017 Penalty Imposed - SGS Canada Inc. was convicted of one offence under the Safe Drinking Water Act (SDWA), was fined $15,000 plus a victim fine surcharge of $3,750 and was given 120 days to pay the fine. Background •  SGS Canada Inc. (SGS) operates a lab and is authorized to perform microbiological testing of drinking water samples, including testing for total coliform. Total coliform indicates the sanitary condition of the water, including whether the water has been affected by human or animal waste or has not been properly disinfected. •  The Hepworth Central Public School (the school) is owned by the Bluewater District School Board (the school board) in Hepworth. •  The school takes water from a well onsite. The school’s water system is classified as a small, non-municipal, non-residential drinking water system. •  The school board has given responsibility for the school’s drinking water system to WSP Canada Inc. (WSP) to act as the ‘operating authority’, including microbiological sampling for the school. •  On August 4, 2015, WSP collected a drinking water samples from the school’s water system and submitted them on August 5, 2015 to SGS. Microbiological testing was undertaken, and initial results on August 6, 2015 showed the sample to have a total coliform result of 2 cfu (colony forming units)/100mL. This is considered an adverse result. •  On August 10, 2015, WSP contacted SGS to bring the adverse result to their attention. On the same date, SGS notified the Ministry of the Environment and Climate Change (MOECC) and the Medical Officer of Health. •  The MOECC and the Medical Officer of Health did not receive notification from SGS between August 6-9, 2015; under legislation, immediate notification is required after an adverse result is obtained. •  The matter was referred to the ministry’s Investigations and Enforcement Branch. Following an investigation the company was convicted and fined $15,000. Property Owner Sentenced to 45 Days in Jail for Obstruction of Ministry Provincial Officers – August 14, 2017 Cayuga Court - Mr. Wim Van Ravenswaay was convicted and sentenced to 45 days in jail for obstructing two ministry Provincial Officers in the performance of their duties, contrary to the Environmental Protection Act. Mr. Van Ravenswaay operates an automotive and scrap metal business at a site on Haldimand Highway in Canfield. The company specializes in heavy truck sales and