July 4, 2005

King Cole Ducks, holding company face charges relating to sewage spill

STOUFFVILLE, ONT-King Cole Ducks and King Cole Holdings, in Stouffvile, have been charged with a total of five offences under the Environmental Protection Act (EPA) and the Ontario Water Resources Act (OWRA) as a result of a spill of partially treated sewage into Bogart Creek, in the town of Whitchurch-Stouffville. The spill, which occurred on April 15, was investigated by the Ministry of Environment's (MOE) investigations and enforcement branch. The two companies were charged with two counts of discharging or causing or permitting the discharge of a material, namely partially treated sewage, into the creek and its tributaries, which may impair the quality of the water, contrary to section 30(1) of the OWRA; and for failing to notify the MOE of a discharge that may impair the quality of the water, contrary to Section 30(2). In addition, three charges were laid against the companies under the Environmental Protection Act (EP Act). These included: discharging a contaminant, namely partially treated sewage, into the natural environment, causing or likely to cause an adverse effect, contrary to section 14(1); failing to notify the MOE of a discharge that is likely to cause an adverse effect, contrary to section 15(1); and being the owner of a spilled pollutant which caused or was likely to cause an adverse effect, and failing to do everything practicable to prevent, eliminate and ameliorate the adverse effect and to restore the natural environment between April 15, 2005 and April 16, 2005, contrary to section 93(1). A court appearance has been scheduled for August 8, 2005 in Richmond Hill, Ontario.

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