Page 26 [ SUMMER 2017 ] The Source Ministry of the Environment and Climate Change - Court Bulletins Construction Company fined $ 220,000 for Ontario Water Resources Act Violations - July 21, 2017 Ottawa - Thomas Cavanagh Construction Limited (TCCL) was fined $220,000 on July 21, 2017 for four offences under the Ontario Water Resources Act (OWRA). TCCL had been found guilty of these offences on June 9, 2017, which were related to discharging materials into a watercourse and failing to notify the ministry contrary to the OWRA. Thomas Cavanagh Construction Limited (TCCL) is a construction and quarrying company that operates from an office on Cavanagh Rd. in Ashton. On January 2, 2013, TCCL was hired to install the stormwater infrastructure at the Blackstone community, in accordance with an approved design plan. The work commenced at the end of January 2013. The Blackstone community site is located on a former agricultural site located in South Kanata, Ottawa close to the intersection of Terry Fox Dr. and Fernbank Rd. In close proximity to the site is the Monahan Drain, which is an agricultural drainage works that flows into the Jock River and has a catchment area that supports a warm water fish habitat. The headwaters of the Drain are located at the Blackstone community. Prior to construction of the stormwater infrastructure, a number of approvals had been obtained, including ministry approvals for the construction of the stormwater management facility identified as West Park Pond 6, alterations to the Monahan Drain, a Permit to Take Water (PTTW) for construction dewatering, and permission from Rideau Valley Conservation Authority (RVCA) to permit the alteration of a waterway. On June 11, 2013, a RVCA Inspector conducted an inspection of the construction activities at the Blackstone community and observed excessive sediment discharge to the Drain. It was also noted that sediment and erosion control measures were ineffective, that the measures had not been properly maintained, and were inconsistent with the approved plan. On that date, the RVCA Inspector revoked the RVCA permit, and referred the matter to the ministry. On June 13, 2013, ministry staff and the RVCA Inspector conducted a second inspection of the site and noted that although there had been some improvements made from two days prior, some of the control measures were still ineffective and not in line with the approved sediment and erosion control measures plan. TCCL had assumed responsibility by contract for controlling the discharge of sediments and reporting any discharges. However, the ministry received no report from TCCL regarding the discharges that were observed on either dates. Subsequently, the matter was referred to the Investigations and Enforcement Branch. Following an investigation, the defendant was charged. On June 9, 2017, Thomas Cavanagh Construction Limited was convicted. The company was convicted of four offences, and on July 21, 2017 was fined $220,000 plus a victim fine surcharge of $55,000 and was given 3 months to pay. Golf Course fined $6,000 for Water Resources Act Violations - June 22, 2017 London - Caradoc Sands Golf Course Ltd. pleaded guilty to one offence and was fined $6,000 for taking greater than 50,000 litres of water per day without a Permit to Take Water (PTTW), contrary to the Ontario Water Resources Act. The company operates a golf course located on Saxton Road in Strathroy. The company was issued a PTTW in 2001 to regulate water taking from an on- site irrigation system, which expired on April 15, 2006 and was never renewed. On September 15, 2015, ministry staff inspected the site and confirmed that the company had been taking water in excess of 50,000 litres per day for an extended period of time. Subsequently, the matter was referred to the Ministry’s Investigation and Enforcement Branch. Following an investigation, the defendant was charged and convicted. On May 29, 2017, Caradoc Sands Golf Course Ltd. was convicted of one offence, was fined $6,000 plus a victim fine surcharge of $1,500 and was given one year to pay the fine. The Kinsmen Club fined $2,000 for Safe Drinking Water Act Violations - June 22, 2017 Stratford - The Kinsmen Club of Stratford Incorporated pleaded guilty to one offence and was fined $2,000 for failing to ensure that no drinking water was supplied after a shutdown period of seven or more consecutive days until samples were taken and tested, contrary to the Safe Drinking Water Act (SDWA). The Kinsmen Club is located at a property on 31st Line, Embro, Township of Zorra, County of Oxford. At the site, the Kinsmen Club operates a camp called Kamp Tanner, and also rents out campgrounds to groups throughout the year. Between early January and April 21, 2015, the drinking water system was shut down at the camp. On July 5, 2015, the camp became operational and water was supplied to various locations within the camp. However, the Kinsmen Club had not collected distribution samples for testing until July 14, 2015, and the result of the test were not received until July 16, 2015. Subsequently, the matter was referred to the ministry’s Investigation and Enforcement Branch. Following an investigation, the defendant was charged. On June 1, 2017, The Kinsmen Club of Stratford Incorporated was convicted of one offence, was fined $2,000 plus a victim fine surcharge of $500 and was given 90 days to pay the fine. Construction Companies and an Individual fined $95,000 for Waste Disposal Violations - June 21, 2017 Ottawa - SNC-Lavalin Constructors (Pacific) Inc., Dragados Canada Inc., and EllisDon Corporation pleaded guilty to one offence each and were each fined $30,000 for being a generator of liquid industrial waste, permitting the waste to leave its control by a non-approved waste transportation contractor, and failing to complete a waste manifest, contrary to the Environmental Protection Act (EPA). Richard Ernest Rump pleaded guilty to one offence and was fined $5,000 for arranging or permitting the deposit of the waste upon land that is not a waste disposal site, contrary to the EPA. Through a joint venture called OLRT Constructors (OLRT), SNC-Lavalin Constructors (Pacific) Inc., Dragados