Canada: 2011 Environmental Penalty Orders

Last Updated: March 14 2012
Article by Jackie Campbell

Ontario's Ministry of the Environment issued 10 environmental penalty orders in 2011, for 32 violations, all against MISA companies for discharging too much contamination to water. The total penalty value associated with these orders was $167,642.95.How does this compare to previous years?

2010: 33 orders (74 violations) – $430,112.90

2009: 13 orders (19 violations) – $112,143.20

2008: 6 orders (7 violations) – $69,583.40

Company/ EP Order number Description of violation Contravention Date Date of Order EP before reduction*(% reduction granted) Amount of EP
ArcelorMittal Dofasco Inc.#067 A brown-red discharge containing iron material from an iron ore storage area escaped into the Ottawa Street Slip and impaired water quality, contravening s. 30(1) of the OWRA July 8 2010 April 14 2011 $20,000 (11%) $17,800
Bruce Power Inc. (Bruce Nuclear Generating Station B, Kincardine)#077 Building steam condensate discharge samples had an ammonia concentration of1) 9.89 mg/L,2) 9.94 mg/L 

These samples exceeded the 8 mg/L limit in the company's CofA, contravening s. 107.3 of the OWRA; staff identified the exceedence on May 12 2011 while preparing a Certificate annual report for 2010

1) March 16 20102) December 21 2010 August 24 2011 1) $1860 (0%)2) $1860 (0%) 1) $18602) $1860Total: $3720
Domtar Inc.#079 The Biological Oxygen Demand (BOD) concentration in samples taken from the wastewater treatment plant MISA final effluent sample point exceeded the 12,200 kg/day limit set under O.Reg. 760/93 for 13 consecutive days1) 14,599 kg/day2) 15,452 kg/day3) 14,710

4) 13,535

5) 16,239

6) 17,256

7) 18,994

8) 23,001

9) 22,343

10) 21,753

11) 14,685

12) 14,351

13) 12,524


December 9 -21, 2010 December 6 2011 1) $1215 (35%)2) $1430 (35%)3) $1430 (35%)4) $1215 (35%)

5) $1640 (35%)

6) $1860 (35%)

7) $2500 (35%)

8) $3570 (35%)

9) $3570 (35%)

10) $3215 (35%)

11) $1430 (35%)

12) $1215 (35%)

13) $1000 (35%)

1) $789.752) $929.503) $929.504) $789.75

5) $1066

6) $1209

7) $1625

8) $2320.50

9) $2320.50

10) $2089.75

11) $929.50

12) $789.75

13) $650




FNX Mining Company Inc.#058 Sample taken at Podolsky Mine final runoff culvert showed a 100% mortality rate for Daphnia magna, exceeding the 50% lethality limit, contravening O.Reg. 560/94 (Effluent Monitoring and Effluent Limits – Metal Mining Sector) August 19 2010 May 6 2011 $10,000 (14%) $8600
Lake Shore Gold Corp.#071 5 contraventions relating to samples from the Timmins Mine industrial sewage final effluent:1) Concentration of ammonia nitrogen (28.1 mg/L) exceeded daily concentration limit of 20 mg/L, breaching the company's CofA and s. 107(3) of the OWRA2) Monthly average concentration of ammonia nitrogen (14.6 mg/L) exceeded CofA limit of 10 mg/L breaching the company's CofA and s. 107(3) of the OWRA.3) Concentration of Total Suspended Solids (TSS) of 44 mg/L exceeded daily concentration limit (30 mg/L) in Schedule 1 to O.Reg. 560/94 (Effluent Monitoring and Effluent Limits – Metal Mining Sector)

4) Monthly average concentration of ammonia nitrogen (13.34 mg/L) exceeded CofA limit of 10 mg/L, breaching the company's CofA and s. 107(3) of the OWRA.

5) Concentration of Total Suspended Solids (TSS) of 41 mg/L exceeded daily concentration limit (30 mg/L) in Schedule 1 to O.Reg. 560/94

1) August 18 20102) September 30 20103) October 4 20104) November 30 2010

5) January 14 2011

August 8 2011 1) $1860 (0%)2) $1860 (0%)3) $1860 (0%)4) $1640 (0%)

5) $1640 (0%)

1) $18602) $18603) $18604) $1640

5) $1640


Total: $8860

Liberty Mines Inc. #072 5 contraventions relating to samples from the Redstone Mine industrial sewage works final effluent. In 4 of these contraventions, grab samples exceeded the 50% lethality limit for rainbow trout or daphnia magna, contravening the 50% limit in O. Reg. 560/94 and the company's CofA:1) 100% mortality to rainbow trout2) 79.7% mortality to daphnia magna 3 and 4) 100% mortality to daphnia magna and rainbow trout

5) Average monthly concentration of nickel in samples (0.637 mg/L) exceeded the monthly concentration limit of 0.50 mg/L, contravening O. Reg. 560/94 and the company's CofA


1) March 22 20112) April 12 20113) April 19 20114) April 25 2011

5) March 31 2011

September 27 2011 1) $15,000 (0%)2) $15,000 (0%)3) $15,000 (0%)4) $15,000 (0%)

5) $2070 (0%)

1) $15,0002) $15,0003) $15,0004) $15,000

5) $2070


Total $62,070

Liberty Mines Inc. #073 2 contraventions relating to grab samples from the McWatters Mine industrial sewage works final effluent. Both showed 100% mortality to rainbow trout, exceeding the 50% lethality limit for test organisms, contravening O.Reg. 560/94 and the company's CofA: 1) January 19 20112) February 11 2011 September 27 2011 1) $15,000 (0%)2) $15,000 (0%) 1) $15,0002) $15,000Total: $30,000
St. Mary's Cement #075 Concentration of Total Suspended Solids (TSS) in plant and quarry dewatering effluent (170 mg/L) exceeded 50 mg/L limit in O.Reg. 561/94 (Effluent Monitoring and Effluent Limit – Industrial Minerals Sector). The exceedence had resulted from cement entering the water stream via the cement cooler. September 21 2010 September 19 2011 $9285 (23%) $7149.45
U.S. Steel Canada Inc.#068 Total cyanide loading concentration at MISA control point in the East Side Filter Plant of 159.46 kg/day exceeded maximum limit of 57.3 kg/day, contravening O.Reg. 214/95 (Effluent Monitoring and Effluent Limits – Iron and Steel Manufacturing Sector) October 5 2010 July 6 2011 $13,500 (9%) $12,285
Vale Canada Limited#062 Exceeded monthly average concentrations for nickel in effluent was 0.548 mg/L, exceeding the 0.5 mg/L limit, contravening O.Reg. 560/94. January 31 2010 January 27, 2011 $1000 (28%) $720

* EP is calculated by adding the monetary benefit gained from the offence (if any) to the gravity component. Reductions may be granted in relation to 3 factors: prevention, mitigation and environmental management system.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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