October 24, 2005

Drinking water violations at campground result in fines totalling $25K

OWEN SOUND, ONT-Silver Birch Park, together with company directors Danny and Arliss Fyvie, were each convicted of five charges under the Ontario Water Resources Act (OWRA) in connection with the operation of a drinking water system at a seasonal campground operated by Silver Birch Park on Bass Lake, near Wiarton, Ontario. Fines totalling $25,000 were imposed, plus victim fine surcharges. Ministry of Environment (MOE) staff inspected the campground's water system in May 2001, following a boil water advisory. They found a number of violations of the Act. A provincial officer's order was subsequently issued to the company and its directors, requiring them to bring the water system into compliance with MOE requirements and to report the completed measures to the Ministry by specified deadlines. A follow-up inspection in June 2002 revealed that the company and its directors had not complied with the order. They were found guilty of five separate conditions of the order, each a violation of section107 (2) of the OWRA. These related to water sampling and measures such as engaging the services of qualified consultants and fulfilling permitting and reporting requirements. Silver Birch Park was fined $3,500 on each of the five counts, for a total of $17,500, while Danny Fyvie was fined $1,500 on each count, for a total of $7,500. Arliss Fyvie was given a suspended sentence on all five counts.

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