North Glengarry charged $12,000 for two environment fines

The Township of North Glengarry plead guilty on Tuesday, December 13 to two unrelated charges under the Ontario Water Resources Act, both for not adhering to terms of a certificate of approval dating back to the summer and fall of 2010.

According to chief administrative officer Daniel Gagnon, the first charge was related to the use of an RV dumping station in Alexandria without appropriate approval and carried a $3,000 fine.

The second charge related to a discharge into the Garry River in August 2010 that went unreported for longer than the license permits and resulted in a $9,000 fine.

The cases were settled in the Cornwall provincial offences court after the Crown and the township issued an agreed statement of facts, while the township discussed current and planned improvements made to avoid any future charges.

"While both charges are serious, we are confident that the circumstances that arose in both cases were somewhat unique and will not re-occur," said Gagnon. "We understand our requirements to meet our license obligations and are addressing the lessons learned through this experience."

The first charge is traced back to July 2010, when North Glengarry built a new RV dumping station at the corner of MacDonald Blvd. and Leroux St. in Alexandria, consisting of a concrete pad and manhole that connects by a lateral to a municipal sewer in the street.

A press release issued by the township states staff thought the connection would be considered "a service connection," which does not require approval from the Ministry of Environment. However, after an MOE employee read in The Glengarry News about a new RV dumping station, she contacted the township and asked it to submit an application for a certificate of approval no later than August 30, 2010.

North Glengarry's public works manager, Andre Bachand, then asked its engineering consulting firm if the approval would be required, and was told the dumping station was a service connection from a property to a sewer and not a "sewage works," defined as "works for the collection, transmission, treatment and disposal of sewage."

Bachand emailed the MOE on August 9, 2010 with the response, though the MOE official rejected the suggestion and advised the township the application must be submitted. The date was extended to October 25.

The application was submitted on October 26 and the certificate of approval was issued by the MOE on February 25, 2011, meaning North Glengarry had operated the RV dumping station without approval between July 23, 2010 and February 24, 2011.

The second fine relates to a heavy rainstorm on August 4, 2010 in Alexandria. North Glengarry was charged and fined $9,000 for failing to submit a written report describing the escape of any sewage to the environment within 10 days.

A Centre St. resident took pictures of water pulsating from the top of a manhole located in the backyard of his home and, the following day, the township was provided with some information about the event and asked to determine if the manhole connected to a storm sewer or a sanitary sewer.

An employee confirmed the manhole was connected to a sanitary sewer and upon inspection two days later, the water had receded and appeared normal.

"He thought the water from the manhole was as a result of flooding from the rain storm," the township's press release stated.

The Glengarry News published an article on August 11 noting a reporter had detected a sewage-like smell emanating from the manhole. An MOE employee called the township to inquire why it had not reported the incident.

After reviewing video clips from the resident, the township realized the discharge was sewage and reported the incident to the MOE on August 18. The 10-day deadline had expired.

"The township, from time to time, has a problem with overflow of sewage to the Garry River and has directed staff to report such spills to the MOE," stated Gagnon. "On August 4, 2010, a township employee had telephoned the MOE reporting a different spill of sewage to the Garry River when the rain event caused a power outage shutting the pumps at the Alexandria main station."

Of the township's $13-million annual operating budget, $2 million is devoted to water and sewer operating cots. The township has now retained engineering consultants to review the status of overflow ports along the Garry River and to recommend solutions.

Part of the study is to assess the Garry River trunk sewer system and evaluate options for backyard manholes, which may allow an influx of water to be a source of discharge from the sewer.

Council has authorized the study at a cost of $46,185. The engineers' report indicates it could cost up to $100,000 to seal the manholes.

"We understand the Crown's position and we feel that the statement of facts is clear that there were extenuating circumstances to consider in both cases," stated Deputy Mayor Chris McDonell. "In any event, we now know how to better position ourselves in the future."