August 1, 2005

OPG fined $45K for Lambton station reporting deficiencies

SARNIA, ONT-Ontario Power Generation (OPG) was levied $45,000 in fines, plus victim fine surcharges, in connection with numerous reporting deficiencies pertaining to the Lambton generating station contravening the Ontario Water Resources Act (OWRA) and the Environmental Protection Act (EP Act). Under various certificates of approval (C of As) issued for the facility by the Ministry of Environment (MOE), OPG is required to submit quarterly and annual reports to the Ministry within specified time limits. The court was told that between January 30, 2003 and October 30, 2004, OPG failed to comply with a number of these C of A reporting conditions. In addition, the court heard that, between February 22, 2004 and July 29, 2004, OPG verbally reported to the MOE that the generating station had exceeded the opacity limits of Ontario Regulation 346, but failed to submit the written particulars as soon as practicable, as required under Section 186(1) of the EP Act. OPG pleaded guilty to a charge under Section 107(3) of the OWRA of failing to comply with a term or condition of a C of A by failing to submit the required reports, and was fined $40,000 plus the victim fine surcharge. OPG also pleaded guilty to a charge under the EPA of failing to the written details following a condition resulting in the emission of air contaminants that may result in quantities or concentrations in excess of Ontario Regulation 346. An additional fine of $5,000 was imposed. None of the failures to report posed a risk of adverse effect to the natural environment and OPG has since corrected the reporting deficiencies.

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