News Release

For immediate release
December 24, 2003

BAUMCHEN FARMS LIMITED AND PRESIDENT
FINED TOTAL OF $20,000

WHITBY – Baumchen Farms Limited and Michael Baumchen have been fined a total of $20,000, plus a 25-percent victim fine surcharge, after pleading guilty to several violations of the Environmental Protection Act (EPA). Property owner, John Baumchen Jr., also pled guilty to a violation of the EPA and received a suspended sentence.

Baumchen Farms Limited is located in the Village of Blackstock. On May 16, 2000 a Ministry of the Environment (MOE) inspection revealed that Michael Baumchen had been storing construction and demolition waste, and subsequently burning and burying some of this waste, at the Baumchen Farms site without a certificate of approval from MOE. An investigation conducted by the ministry further revealed that Michael Baumchen and Baumchen Farms Ltd. had waste wood delivered to the site between February 15, 2000 and September 1, 2000, again without a certificate of approval.

A Director’s Order was issued requiring the defendants to cease accepting, burning, or burying waste, and to remove all waste, waste residue and recyclables from the property by way of approved transport destined for approved disposal; several conditions of the Order were not complied with.

The company and Michael Baumchen were fined $3,000 and $1,500 respectively for operating a waste management site without a certificate of approval, contrary to section 41 of the EPA. Each was also fined $10,000 and $2,500 respectively for five counts of failing to comply with a Director’s Order, contrary to section 182(2) of the EPA. Michael Baumchen and John Baumchen Jr. pled guilty to an additional violation of section 41; Michael was fined $3,000 and John received a suspended sentence.
Further, a section 190 (EPA) order was issued by the court to all the defendants requiring an approved clean up of the site.

Justice of the Peace Brenna Brown heard the case on November 26, 2003 in the Ontario Court of Justice in Whitby.

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Contacts:
Mark Rabbior
Communications Branch
(416) 314-6666