On January 25, 2016, Dalcon Enterprises Ltd., a general
contractor, was convicted of two offences and fined $80,000
(plus the 25% victim fine surcharge). The fines were
for the discharge of a contaminant that caused an adverse
effect and for failing to report the discharge to the Ministry of
the Environment and Climate Change ("MOECC"), contrary to
the Environmental Protection Act (EPA).
Dalcon was contracted to carry out a water and sewer line
replaced in the Town of Kemptville, Municipality of North
Grenville. Dalcon provides civil and general contracting services.
Another company had identified and marked the location of the
utilities. The site of a two inch gas mainline was
properly identified prior to Dalcon commencing its work.
On May 22, 2013 Dalcon was removing an old underground sewage
concrete catch basis with an excavator. While removing the catch
basin, the main gas line was punctured.
Enbridge gas was notified about the puncture. Emergency and
repair crews were also notified and attended. As a precautionary
measure, approximately 20 – 40 people were asked to leave
their homes and businesses.
Enbridge notified the MOECC almost two hours after the incident,
but Dalcon failed to report the puncture to
This case is another reminder of the importance of notifying the
MOECC when a spill or discharge out of the normal course of events
occurs. You must report a spill (section 92 of the EPA) to the Spills Action Centre. Similarly, when a
discharge of a contaminant into the environment occurs out of the
normal course of events, which causes or is likely to cause an
adverse effect, this must also be reported (section 15 of
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