October 4, 2004

Tim Hortons franchisor fined $6K for failing to meet minimum monitoring requirements

BRANTFORD, ONT-The TDL Group, owner of a Tim Hortons franchise, was fined $6,000 and levied a victim fine surcharge after pleading guilty to a charge under the Ontario Water Resources Act (OWRA). The store, which opened in November 1999 in the Brant County community of St George, is equipped with a sub-surface sewage disposal system. TDL, listed as the system owner on its certificate of approval (C of A), is required to ensure that a monitoring program for the system is carried out. The monitoring program calls for the collection and analysis, at least once quarterly, of samples of raw sewage, effluent ahead of the system, groundwater monitoring wells around the system, and surface water in the up-stream and downstream watercourse of the system. Between November 1999 and December 2003, at least 16 samples should have been collected and analyzed in order to meet the quarterly minimum monitoring requirements. Only six sets of samples were collected during this time period. As a result, TDL was charged with failing to comply with the monitoring and sampling requirements set out under section 2.1(b) of its C of A, in contravention of section 107(3) of the OWRA.
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