Town Line Processing Limited (TLP), a related company and their directors have been fined $159,375 for breaching a Provincial Officers Order to clean up their wastewater lagoons.
TLP processed vegetables and discharged wash water to sewage treatment lagoons owned by 2035264 Ontario Inc. As neither company had paid its hydro bills, Hydro One notified the MOE that the electricity to the processing facility and the lagoon would be cut off.
The MOE was concerned about an uncontrolled release of ammonia from the refrigeration system, as well as overtopping of the lagoons. It issued a Provincial Officer’s Order (POO) to both companies and their respective directors, Bill Wolfert and Derek Wolfert to arrange to maintain the electricity at both sites and to prepare a plan to shut down and/or operate both properties in a way that would avoid a spill. None of the orderees complied.
The processing facility was decommissioned at a cost of $15,000, paid for by taxpayers through the Environmental Cleanup Fund.
A few months later, another MOE inspection determined that the lagoon would overflow. The MOE issued another POO to Bill Wolfert and 2035264 Ontario Inc., requiring them to hire an expert to properly operate and decommission the lagoons, and to confirm in writing that they had done this. As the orderees did nothing, the MOE has so far spent nearly $26,000 to lower the lagoons and for expert advice in how to decommission the lagoons.
The companies and two directors were charged with failing to comply with a POO, an offence under the Environmental Protection Act. As well, 2035264 Ontario Inc. and Bill Wolfert were each charged with failing to comply with a POO, breaching the Ontario Water Resources Act.
At trial, the defendants were unrepresented by counsel. All defendants were found guilty of the offences.
Fines:
First count, under EPA:
TLP – $40,000
2035264 Ontario Inc., Bill Wolfert – $20,000 each
Derek Wolfert – $7,500
Second count, under OWRA:
2035264 Ontario Inc., Bill Wolfert – $20,000 each
Total: (all fines include 25% victim fine surcharge)
The 2 companies, Bill Wolfert – $50,000 each
Derek Wolfert- $9,375
by Jackie Campbell and Dianne Saxe