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Aggregate screening equipment operator fined $91,000 for EPA violations

On December 15, 2022, an Ontario aggregate screening equipment operator was convicted of two violations under the Environmental Protection Act (EPA).

Sentencing occurred on January 12, 2023, and Timothy Swanson – operating as Jordash Trucking and Equipment – was fined $91,000, plus a victim fine surcharge of $22,750 and given one year to pay.

As part of the sentencing, the court issued an order to the defendant under Section 190 of the EPA that applies for three years. The court order requires the defendant to either submit a ministry approval application for their aggregate screener equipment or notify the ministry of the current location, ownership, and use of the screener, and inform the ministry of changes for the duration of the order.

You can view the full Ontario Court decision here

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Background:

• Jordash Trucking and Equipment operates aggregate screening equipment on Government Road in the Town of Kirkland Lake, Ont. Timothy Swanson is the owner and sole proprietor of the business.
• Following excessive noise complaints during 2017 and 2018, ministry staff attended the site on June 22, 2018. Ministry staff observed heavy equipment and aggregates screening equipment and conveyors being operated at the site. Timothy Swanson was instructed that a ministry approval for the aggregates screening equipment was required.
• A ministry approval must be obtained for operations that produce contaminants that may cause an adverse effect. The approvals contain limits and conditions to mitigate or eliminate those adverse effects.
• Over the summer of 2018, the company continued their operations and the ministry received numerous noise complaints. The noise from the company’s operations sometimes prevented the residents from resting in their homes, enjoying themselves outside with their families on their properties, and kept their children awake.
• The ministry issued several orders, including one on June 7, 2019, that required Timothy Swanson to, among other items, submit a completed ministry approval application for the aggregates screening equipment. A ministry approval application was not received.
• The ministry’s Environmental Investigations and Enforcement Branch investigated and laid charges, which resulted in two convictions.