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For immediate release
October 22, 2003

POWER GROW SYSTEMS INC. FINED $20,000

ST. CATHARINES – Power Grow Systems Inc. has been fined a total of $20,000, plus a 25-percent victim fine surcharge, after pleading guilty to three infractions of the Environmental Protection Act (EPA) and two infractions of the Ontario Water Resources Act (OWRA).

The Court heard that Power Grow Systems Inc. is a composting facility located in Niagara Falls, Ontario. The company operates a waste disposal site for which it was issued a certificate of approval by the Ministry of the Environment (MOE). The company also obtained approvals to spread paper sludge on a number of organic soil conditioning sites in the Niagara Region. Additionally, Power Grow Systems Inc. has approval to operate a sewage works under the OWRA.

In the spring of 1999, a number of inspections revealed that Power Grow Systems Inc. had been depositing sludge on several properties that had not been approved for waste deposit. The company was also found to be in violation of conditions of its certificates of approval, and had constructed an additional lagoon on its property without first obtaining approval for an amendment to the corresponding certificate of approval.

The company was convicted and fined on five counts:

• Under section 186(3) of the EPA for applying sludge at a rate greater than that stipulated in its certificate of approval; the fine was $3,000.
• Under section 186(3) of the EPA for failing to remove residual waste to an MOE approved site, contrary to its certificate of approval; the fine was $5,000
• Under section 186(1) of the EPA for applying waste on a non-approved site; the fine was $3,000.
• Under section 53(1) of the OWRA for altering a sewage works without a certificate of approval; the fine was $5,000.
• Under section 107(3) of the OWRA for failing to maintain the minimum level of oxygen in its sewage works’ discharge as stipulated in its certificate of approval; the fine was $4,000.

Her Honour Judge Marth Zivolak heard the case on October 9, 2003 in the Ontario Court of Justice in St. Catharines. 

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