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The Ministry of the Environment issued more environmental penalties in 2009: 13, totalling over $107,000. Although the total is still small, this is a significant increase over the 6 EP, totalling $69,583, that the Ministry issued in 2008. Companies were able to obtain reductions of up to 25% through negotiations with the Director, though the relevant legal fees may have more than offset the savings.

One of the EPs stemmed from an upset that occurred during shutdown; the rest respond to more routine discharges that exceed applicable limits. This suggests that “You Spill, You Pay” was a misnomer for the EP program, because it’s rarely about spills. Instead, it is a quicker, more efficient way to enforce water quality discharge limits for regular industrial discharges, discharges that often went unpunished before EPs were adopted. This seems like an excellent use of the tool.

Company/ EP Order number Description of violation EP before reduction*(% reduction granted) Amount of EP
ArcelorMittal Dofasco Inc.

#017

2 contraventions for exceedences of phenolics loading (limit is 1.08 kg/day), in contravention of O.Reg. 214/95(Effluent Monitoring And Effluent Limits — Iron and Steel Sector):

1) phenolics loading of 1.43 kg/day

2) phenolics loading of 1.63 kg/day

1) $1640 (25%)

2) $2500 (25%)

1) $1230

2) $1875

Total: $3105

Bruce Power Inc. (site: Bruce Nuclear Generating Station A)

#032

Hydrazine samples in boiler/feedwater effluent during transient/shutdown of 316.1 mg/L exceeded 200 mg/L limit in company CofA. (a 58% deviation from limit) Duration of exceedence:  35.25 hours  (i.e., 2 days) $2500/day (15%) $2125/day

Total:$4250 (for 2 day contravention)

Bruce Power Inc. (site: Bruce Nuclear Generating Station B)

#018

Grab sample results produced 96.7% mortality in Daphnia magna acute lethality test (limit is 50%) – contravening O.Reg. 215/95 (Effluent Monitoring And Effluent Limits — Electric Power Generation Sector) $10,000 (15%) $8500
Bruce Power Inc. (site: Bruce Nuclear Generating Station B)

#022

2 contraventions: 2 grab samples produced 76.7% mortality in Daphnia magna acute lethality test (limit is 50%) – in contravention of O.Reg. 215/95 (Effluent Monitoring And Effluent Limits — Electric Power Generation Sector) 1) $12,500 (5%)

2) $12,500 (5%)

1) $11,875

2) $11,875

Total: $23,750

Carmeuse Lime (Canada) Limited

#011

Sample exceedence for total suspended solids; contravention of O.Reg. 561/94 (Effluent Monitoring And Effluent Limits — Industrial Minerals Sector) – sample results indicated TSS of 81 mg/L; limit is 50 mg/L $2860 (12%) $2516.80
Essar Steel Algoma Inc

# 006

2 contraventions of  O.Reg. 214/95 (Effluent Monitoring and Effluent Limits – Iron and Steel Manufacturing):

1) sample result exceeded acute lethality test limit for toxicity on Daphnia magna (76.7% mortality; limit is 50% mortality)

2) sample result for benzene exceeded Schedule 2 limit by 35%

1) $15,000 (11%)

2) $2070 ( 7% )

1) $13,350

2) $1925.10

Total: $15,275.10

First Nickel Inc.

#015

Nickel exceedence in contravention of O.Reg. 560/94 (Effluent Monitoring And Effluent Limits — Metal Mining Sector):  Sample result: 1.02mg/L (daily limit 1.0 mg/L) $1000 (30%) $700
FNX Mining Company Inc.

#013

2 contraventions relating to 2 samples that exceeded Daphnia magna reporting requirement, contravening O.Reg. 560/94 (Effluent Monitoring And Effluent Limits — Metal Mining Sector) – samples indicated 63.3%  and 93% mortality (limit is 50% mortality) 1) $10,000 (11%)

2) $10,000 (7%)

1) $8900

2) $9300

Total:

$18,200

Heico 2004 Member Inc.

#031

Sample failed rainbow trout acute lethality test – 100% mortality in first 24 hr, contravening O.Reg 214/95 (Effluent Monitoring and Effluent Limits – Iron and Steel Manufacturing) $10,000 (22%) $7800
Suncor Energy Inc. Exceedence of dissolved organic carbon (DOC) daily plant loading limit, in contravention of O.Reg. 537/93 (Effluent Monitoring And Effluent Limits — Petroleum Sector) – 3 results reporting DOC exceedences of 163%, 107% and 151% $8570 (0%) $8570
US Steel

#008

Phosphorus exceedence in contravention of Industrial Sewage Works CofA (sample concentration 47.6 kg/day; CofA limit 37.7 kg/day) $1430 (17%) $1186.90
Veyance Technologies, Canada, Inc.

#010

2 contraventions :

1) Failure of acute lethality sample in contravention of O.Reg. 63/95 (Effluent Monitoring and Effluent Limit – Organic Chemical Manufacturing Section Regulation) – sample identified 100% mortality for Daphnia magna

2) Failure to report

1) $10,000 (17%)

2) $2,500 (5%)

1) $8,300

2) $2,375

Total:

$10,675

Wesdome Gold Mines Ltd.

#016

2 contraventions under O.Reg. 560/94  (Effluent Monitoring And Effluent Limits — Metal Mining Sector)

1) Monthly average concentration limit sample results for cyanide were 1.26 mg/L, exceeding 1 mg/L limit by 26%

2) Monthly average concentration limit sample results for copper were 0.96 mg/L, exceeding 0.3 mg/L monthly limit by 220%

1) $1930 (0%)

2) $8570 (0%)

1) $1930

2) $8570

$10,500

Thank you to Jackie Campbell for her excellent work preparing this table.

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