Three parties involved in the construction and operation of a water well at a boat dealership and marina in Kingston, Ontario, have been fined $23,000 under the Ontario Water Resources Act (OWRA) following an investigation by the Ontario Ministry of the Environment, Conservation and Parks.
1382845 Ontario Limited (operating as Dave Irish Well Drilling), David John Irish, and MacLellan Water Treatment and Pumps Ltd. were found guilty of various offences related to improper well construction and failure to provide necessary water safety documentation.
The offences date back to October and November 2022, when MacLellan Water Treatment and Pumps was hired to upgrade the water treatment system at the facility. The company subcontracted Dave Irish Well Drilling to construct a new well at the site. However, the ministry stated that regulatory oversights occurred.
According to court documents, MacLellan Water Treatment and Pumps proposed a well location based on convenience and infrastructure reuse. Dave Irish Well Drilling, led by director Irish, followed the proposed location without verifying its safety. Neither party conducted a proper site assessment to check for contamination risks, according to a court bulletin.
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The newly constructed well was later found to be only five metres from a sewage holding tank, significantly less than the clearance required by provincial regulations to prevent contamination, according to the ministry.
Additionally, Irish failed to provide the well purchaser with a water sample for visual inspection, as required. While a sample was taken and left on the well casing, it was never delivered or its location disclosed to the client.
Following an inspection by ministry staff in March 2023, the case was referred to the ministry’s Environmental Investigations and Enforcement Branch, which led to charges and convictions.
Penalties Imposed:
- On October 21, 2024, MacLellan Water Treatment and Pumps Ltd. was fined $7,000, plus a $1,750 victim fine surcharge (VFS), and given 90 days to pay.
- On November 8, 2024, 1382845 Ontario Limited was fined $12,000, plus a $3,000 VFS, and given 90 days to pay.
- Also on November 8, 2024, Irish was fined $4,000, plus a $1,000 VFS, and given six months to pay.
At the time of the offences, both companies held valid well contractor licenses, and Irish was a licensed well contractor.
Raw sewage discharge into creek
A Haldimand County waste management operator has been fined $10,000 after discharging raw sewage into a waterway and violating Ontario’s Environmental Protection Act, according to a court bulletin.
On October 18, 2024, Christopher Reid, operator of D&C Pumping Service, was convicted in Cayuga Provincial Offences Court for permitting the discharge of raw sewage into Sandusk Creek, a violation that occurred on May 24, 2022. In addition to the fine, Reid was ordered to pay a $2,500 victim fine surcharge and given two years to pay.
The incident took place at a hauled sewage disposal site on a farm property in Selkirk, Ontario, where Reid’s business is licensed to apply sewage under ministry approval.
Ministry staff arrived on site for an inspection and found a D&C Pumping truck stuck in a field. Reid admitted to discharging sewage from the pumping truck to lighten the load after the vehicle became immobilized.
Inspectors observed liquid resembling sewage pooling around the truck, spilling onto a gravel laneway and flowing into a shallow drainage channel that led directly to Sandusk Creek. Ministry staff acted quickly to construct a soil berm to prevent further contamination and instructed Reid to report the spill to authorities.
Subsequent lab analysis confirmed the discharged material was raw sewage. A ministry surface water scientist determined that the incident likely impaired water quality in the creek, citing elevated levels of un-ionized ammonia, a substance harmful to aquatic life.
The Environmental Investigations and Enforcement Branch conducted a formal investigation, which resulted in the charge and subsequent fine.
