Inc. was fined $350,000, plus the victim fine surcharge of
$87,500, for dust and noise from its cement manufacturing
facility near Picton. The fine was suggested jointly by
the company and by the Ontario Ministry of Environment and Climate
Essroc pleaded guilty to discharging dust on three days and
to emitting too much noise for several months, contrary
to its Environmental Compliance Approval (ECA). Section 14 of
the Environmental Protection Act
(EPA) prohibits the discharge of contaminants into the natural
environment if the discharge causes or may cause an adverse effect.
This offence carries minimum fines for both companies and
On various dates between November, 2011, and April, 2012, the
ministry received complaints regarding discharges of particulate
emissions described as a brownish gray dust, haze, fog, smoke or
smog, coming from the Essroc factory and coating personal property
and area homes. During this period, the business had also notified
the ministry's Spills Action Centre (SAC) of opacity
exceedances and had subsequently filed written reports to this
fact. Opacity is defined as an air emission that obstructs the
passage of light by more than twenty per cent, for periods of at
least six consecutive minutes.
Essroc pleaded guilty to discharging particulate or dust into
the environment on November 12, 2011; November 20, 2011, and April
8, 2012, by, which caused an adverse effect, namely loss of
enjoyment of normal use of property.
Between March, 2012, and June, 2012, the ministry also received
complaints about excessive noise that occurred both day and night
and affected local residents. Further inspection by the ministry,
indicated that the noise was generated by heat exchanger fans,
causing a specific tonal frequency and noise levels in excess of
applicable sound limits.
Essroc also pleaded guilty to failing to comply with the
ministry's noise guidelines as required by their ECA from March
14, 2012, to June 21, 2012.
The company had previous convictions.
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Ontario's Ministry of the Environment and Climate Change continues to roll out its Climate Change Action Plan with its proposed GHG guide for projects that are subject to the province's Environmental Assessment Act.
The Imperial Oil refinery pled guilty to one offence for discharging a contaminant, coker stabilizer, thermocracked gas, into the natural environment causing an adverse effect and was fined $650,000...
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