Aggregate Screening Equipment Operator Fined $6,000 for Environmental Protection Act Violations

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1. Content

Convicted - Timothy Swanson

Court Location -Kirkland Lake

Description of Offence - The convictions are for discharging a contaminant or causing or permitting the discharge of a contaminant into the natural environment, if the discharge causes or may cause an adverse effect, and for failing to comply with a ministry order by not submitting a ministry approval application.

Date of Offence - On or about June 22, 2018, and ending on or about November 30, 2018; and on or about August 2, 2019, and ending on or about September 19, 2019.

Date of Conviction -December 15, 2022

Penalty Imposed -

• On December 15, 2022, Timothy Swanson was convicted of two violations (counts) under the Environmental Protection Act (EPA). Sentencing occurred on January 12, 2023.
  
  • On the count of discharging a contaminant causing an adverse effect, Timothy Swanson was fined $90,000 plus a victim fine surcharge (VFS) of $22,750.
  • On the count of disobeying a provincial officers order, Timothy Swanson was fined $1,000 and a VFS of $250.
  • The court also issued an Order to the defendant under Section 190 of the EPA that applies for three years. The court Order requires the defendant to either submit a ministry approval application for 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.

• On December 5, 2024, Timothy Swanson successfully appealed the count of discharging a contaminant causing an adverse effect. Mr. Swanson then plead guilty to this count and received a fine of $5,000 plus a VFS of $1,250 and was given one year to pay.

Background -

• Jordash Trucking and Equipment operates aggregate screening equipment on Government Road in the Town of Kirkland Lake. Timothy Swanson is the owner and sole proprietor of the business.
  
• Following excessive noise complaints during 2017 and 2018, ministry staff attended the site on June 22, 2018. Ministry staff observed heavy equipment and aggregates screening equipment and conveyors being operated at the site. Timothy Swanson was instructed that a ministry approval for the aggregates screening equipment was required.
  
• A ministry approval must be obtained for operations that produce contaminants that may cause an adverse effect. The approvals contain limits and conditions to mitigate or eliminate those adverse effects.
  
• Over the summer of 2018, the company continued their operations and the ministry received numerous noise complaints. 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.
  
• The ministry issued several orders, including one on June 7, 2019, that required Timothy Swanson to, among other items, submit a completed ministry approval application for the aggregates screening equipment. A ministry approval application was not received.

• The ministry's Environmental Investigations and Enforcement Branch investigated and laid charges which resulted in two convictions.