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News Release

For immediate release
October 21, 2003

MDS INC. FINED $30,000 FOR FAILING TO REPORT
DRINKING WATER TEST RESULTS

LONDON - MDS Inc., operating as MDS Laboratory Services, has been fined $30,000 after pleading guilty to six charges of failing to report drinking water test results to the Ministry of the Environment and other agencies. A 25-percent victim fine surcharge was added to the fines.

MDS Inc. was fined $10,000 for violating section 8(2) of Regulation 459/00, made under the Ontario Water Resources Act, by failing to immediately notify the owner of the waterworks, the Ministry of the Environment and the Medical Officer of Health (via the local Health Unit) of an adverse water quality result.

The Court heard that MDS Inc. did not immediately report adverse water quality results for a sample taken from the Windsor Utilities Commission water distribution system in October 2001. The sample was found to have a heterotrophic plate count (HPC) of 640 colonies per millilitre (cfu/lmL). An HPC result above 500 cfu/lmL is an indication of adverse water quality. MDS Inc. had a contract to conduct microbiological tests for the utility.

Under section 8(2) of Regulation 459/00, MDS Inc. was required to immediately notify the owner of the waterworks, the local health unit and the Ministry of the Environment. MDS Inc. failed to provide immediate notification, which involves speaking directly with representatives of the three entities that must be informed of adverse water quality results, as well as a written follow-up within 24 hours.

The Court also heard that MDS Inc. failed to provide the ministry with the results of weekly water monitoring testing for five of the company’s clients. This information must be provided to the ministry at the same time as it is submitted to the owners of the waterworks.

MDS Inc. was fined $4,000 for each of five counts under section 7(10) of Regulation 459/00 for failing to provide weekly reports to the ministry’s Drinking Water Information System Web site for:

• the Alvinston Water Treatment Plant and Distribution System (between September 1, 2001 and June 24, 2002);
• the Sarnia Water Distribution System (between December 1, 2001 and June 24, 2002);
• the Village of Newbury Water Distribution System (between August 17, 2001 and June 14, 2002);
• the Township of Chatsworth Water Distribution System (between June 22, 2001 and June 10, 2002); and
• the Village of Point Edward Water Distribution System (between May 12, 2001 and June 24, 2002).

The section 7(10) offences did not involve adverse water quality.

Justice of the Peace Leonard Obokata handed down the fines on October 21, 2003 in the Ontario Court of Justice in London. 

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Contact:
John Steele
Communications Branch
Ministry of the Environment
(416) 314-6666