Ministry of Environment : Recent Charges against the Green Industry & Composting Facilities

JOHN WILLIAM RUSSELL CHURCHILL FINED $3,600 FOR OPERATING WITHOUT AN OPERATOR LICENCE

SARNIA – On July 20, 2010, John William Russell Churchill, operating under the business name of 3 Seasons Landscaping and Lawn Care, pleaded guilty to one count under the Pesticides Act for operating an extermination business not in accordance with a licence of a prescribed class.

The Court heard that Mr. Churchill is the owner of 3 Seasons Landscaping and Lawn Care in Sarnia. According to ministry records, Mr. Churchill held two exterminator licences, a landscape exterminator licence and an industrial vegetation exterminator licence. However, his pesticides operator (Business) Licence had expired and had not been renewed. On August 15, 2008, a Provincial Officer conducted an inspection and determined that Mr. Churchill did not have an operator licence.

Mr. Churchill was charged following an investigation by the ministry’s Investigations and Enforcement Branch.

Mr. Churchill was fined $3,600 plus a victim fine surcharge and was given six months to pay the fine. Mr. Churchill no longer uses pesticides in his business.

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For further information:

Members of the media:
Kate Jordan
Communications Branch
(416) 314-6666

Contact information for the general public:
416-325-4000 or 1-800-565-4923/
www.ontario.ca/environment

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BARRIE — On March 2, 2010, 1531513 Ontario Inc., operating as Earthworks Recycling, was convicted of one violation under the Environmental Protection Act for operating a horizontal wood grinder without a Certificate of Approval.

The company grinds clean waste wood into ground cover and mulch, and grinds treated waste wood for use in manufacturing composite wood. The company operates under Certificate of Approvals, including one for air. In February 2008, the company applied to the ministry for amendments to its existing Certificate of Approval for the operation of new equipment which included a horizontal wood grinder. On September 19, 2008, a ministry investigator observed a wood grinder operating at the site. The amended Certificate of Approval had not been issued as of that date.

The company was charged following an investigation by the ministry’s Investigations and Enforcement Branch.

The company was fined $4,000 plus a victim fine surcharge for the offence and was given sixty days to pay. On October 1, 2008, the Certificate of Approval was issued to the company allowing for the operation of a horizontal wood grinder.

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For further information:

Members of the media:
Kate Jordan
Communications Branch
(416) 314-6666

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COMPOST NIAGARA INC. AND GERALD NIEUWESTEEG FINED $49,800 FOR WASTE AND SEWAGE WORK VIOLATIONS

THOROLD – On August 20, 2010, Gerald Nieuwesteeg was fined $7,800 for five violations under the Environmental Protection Act and the Ontario Water Resources Act, in relation to a conviction registered September 30, 2009. On September 30, 2009, Compost Niagara Inc. pleaded guilty and was fined a total of $42,000 for five violations under the Environmental Protection Act and the Ontario Water Resources Act. The charges relate to the failure of the company to comply with their waste and sewage works Certificates of Approval and altering a sewage works without an approval.

The Court heard that Mr. Nieuwesteeg is the owner of Compost Niagara Inc. which operated a compost facility located in the City of Thorold. In 2006, Mr. Nieuwesteeg advised the ministry that he was ceasing operations at its site. The Certificate of Approval for waste was amended to address remediation of the site. On September 30, 2007, an inspection was conducted. The provisions of the amended Certificate of Approval required that Mr. Nieuwesteeg close down operations and decommission the site in accordance with the Environmental Review Tribunal ordered decision, following an appeal of the amended Certificate of Approval. The inspection revealed that the company and Mr. Nieuwesteeg were responsible for failing to comply with three conditions of the amended Certificate of Approval for waste. Further, they were responsible for altering an existing sewage works without an approval and failing to remove any ponding from the spray irrigation area.

The company and Mr. Nieuwesteeg were charged, following an investigation by the ministry’s Investigations and Enforcement Branch.

The company and Mr. Nieuwesteeg were fined a total of $49,800, plus victim fine surcharges. They were given 18months and one year, respectively, to pay the fines.

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For further information:

Members of the media:
Kate Jordan
Communications Branch
(416) 314-6666

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