London ON (1/28/2016) – Development Engineering Limited pleaded guilty to one offence and was fined $40,000, for permitting the discharge of water and sediment into Gilliam Drain, and failing to forthwith notify the ministry of the discharge, contrary to the Ontario Water Resources Act.

The company was contracted to perform construction oversight of water and sewage service installations, and to participate in site preparation. The company was involved in the extraction of groundwater at the site, through a process referred to as “dewatering.” Through a permit, the water was to be discharged into a bermed storage lagoon at the site. It was expected that the water would re-enter into the ground from this bermed area.

However, this did not occur at the volumes anticipated, and water was pumped into the berm at a rate greater than what was being infiltrated. The permit also required the construction and monitoring of an overflow weir in the berm to be used in the case of an emergency.

Dewatering occurred and it was observed that water levels were rising and beginning to encroach on the top of the berm. An overflow weir was constructed. However, the lagoon’s berm failed, emptying approximately 20,000 cubic meters of water into a ravine which feeds into the Gilliam Drain.

The sudden release of water impaired the water quality of Gilliam Drain, by depositing sediments in the drain, killing microbial life. The release also adversely affected a downstream residential drinking water well and a farm irrigation pond by filling them with sediment and debris.

The company was convicted of one offence, was fined $40,000 plus a victim fine surcharge of $10,000 and was given 90 days to pay the fine.