Kirkland Lake contractor fined $91K for violating Environmental Protection Act

Two companies in Sault Ste. Marie combined spent more than $30,000 in a legal battle to have a sign removed – with the fight continuing long after the sign was actually taken down. (File)

An excavation contractor based in Kirkland Lake has been fined a total of $91,000 for environmental offences that date to 2018.

Jordash Trucking and Equipment and owner Timothy Swanson were convicted in Kirkland Lake in December for violations under the Environmental Protection Act.

“The convictions are for discharging a contaminant or cause or permit the discharge of a contaminant into the natural environment if the discharge causes or may cause an adverse effect,” the Ministry of Environment, Conservation and Parks said in a news release Wednesday.

“And for failing to comply with a ministry order by not submitting a ministry approval application.”

The offences took place between June and November 2018, and again between August and September 2019. The ministry investigated after receiving noise complaints about the Government Road business.

“Ministry staff observed heavy equipment and aggregates screening equipment and conveyors being operated at the site,” the release said.

“Timothy Swanson was instructed that a ministry approval for the aggregates screening equipment was required.”

Approval must be obtained from the province for operations that produce contaminants that may cause an adverse effect.

“Over the summer of 2018, the company continued their operations and the ministry received numerous noise complaints,” the release said.

“The noise from the company’s operations sometimes prevented the residents from resting in their homes, enjoying themselves outside with their families on their properties and kept their children awake.”

Orders were issued in June 2019 requiring Swanson to, among other items, submit a completed ministry approval application for the aggregates screening equipment.

“A ministry approval application was not received,” the release said.

“The ministry’s environmental investigations and enforcement branch investigated and laid charges, which resulted in two convictions.”

In addition to the fines, the company must pay a victim fine surcharge of $22,750, which it has one year to pay.

In addition to the financial penalties, the court ordered the defendant to either submit a ministry approval application for their aggregate screener equipment or notify the ministry of the current location, ownership, and use of the screener, and inform the ministry of changes for the duration of the order.

The full release is no longer available on the ministry’s website.

CTV News reached out to the Ministry of Environment, Conservation and Parks and received this response about the previously posted news release being removed:

"The court bulletin was removed from the website because the involved party has appealed the conviction. The bulletin will remain off the website until a decision is made."