Kirkland Lake, Ont., aggregate business guilty to Environmental Protection Act violation

An aggregate business in Kirkland Lake has been fined a total of $6,250 for an Environmental Protection Act violation and has been given one year to pay.

“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,” the ministry said in a news release Friday.

The incidents took place on or about June 22, 2018, and ending on or about Nov. 30, 2018; and again on or about Aug. 2, 2019, and ending on or about Sept. 19, 2019.

Excavation contractor Jordash Trucking and Equipment and its owner, Timothy Swanson, were originally convicted Dec. 15, 2022, of two violations of the Environmental Protection Act.

On the count of discharging a contaminant causing an adverse effect, Swanson was fined $90,000 plus a victim fine surcharge of $22,750.

On the count of disobeying a provincial officer’s order, Swanson was fined $1,000 and a victim fine surcharge of $250.

However, on Dec. 5, 2024, Swanson successfully appealed the count of discharging a contaminant causing an adverse effect.

He then pled guilty to this count and received a fine of $5,000 plus a victim fine surcharge of $1,250.

Jordash Trucking and Equipment operates aggregate screening equipment on Government Road in Kirkland Lake. 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,” the news release said.

“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.”

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 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.”

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